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(영문) 부산지방법원 2019.07.24 2019고단1993
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

20,000 won shall be additionally collected from the defendant.

The provisional payment of the amount equivalent to the above additional charges shall be made.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On January 1, 2019, the Defendant administered approximately 0.05g of psychotropic drugs Mauritiuss (hereinafter referred to as “clophones”) on the insular area below Busan Young-do, Busan, on the psychotropic drugs.

2. On May 4, 2019, around 21:30, the Defendant administered approximately 0.05g philopon in a public toilet behind the auction site of the “C” located in the Southern-gu Busan Metropolitan City B, in the same manner as the Defendant stated in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (calculated additional charges);

1. The police seizure record and the list of seizure;

1. Application of Acts and subordinate statutes to a written request for appraisal, a written report on inquiry and a written request for prosecution inspection;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc., concerning the relevant criminal facts and the Selection of Punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Pronouncement)] (Article 1 of the Act on the Control of Narcotics). Medication, simple possession, etc. (Type 3) of narcotics;

Items c) and c.

Title [Special Convicts] None [The area of recommendations and the scope of recommendations] basic area, 10 to 2 years of imprisonment

(b) Second Offences [Violation of the Act on the Control of Narcotics, etc. (Determination of Pronouncement)] / 01. Medication, simple possession, etc. (Type 3]

Items c) and c.

Title [Special Convicts] None [The area of recommendations and the scope of recommendations] basic area, 10 to 2 years of imprisonment

(c) Scope of recommendations according to the standards for handling multiple crimes: Ten months to three years (the maximum limit of crimes No. 2) of imprisonment;

3. Determination of sentence: The defendant in August appears to have the attitude of confession and reflect on each of the crimes in this case; although there are a number of same kind of crime records, it is not a crime during the period of repeated crime, and narcotics investigation.

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