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(영문) 부산지방법원 2012.11.22 2012고단6666

마약류관리에관한법률위반(향정)

Text

1. The defendant shall be punished by imprisonment for eight months;

2. 10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

On August 7, 2012, at around 19:00, the Defendant administered philophones by inserting 0.03 g of psychotropic drugs in a single-use injection machine, and in an injection into the right arms at the Defendant’s house located in Youngdo-gu, Busan and 206 Do-1808.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (with regard to response to a request for appraisal);

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc., and the choice of imprisonment for a crime;

2. Grounds for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics Additional Collection.

1. Persons who are under special mitigation [decision of types of punishment] Application of the standards for punishment and punishment [decision of types of punishment] 3 types of crimes, such as medication and simple possession of drugs among the narcotics crime group (excluding persons under special mitigation] : None of the basic areas of punishment [the scope of recommending punishment]: Imprisonment with prison labor for not less than 10 months to not more than 2 years [general person]: A person under general mitigation (not less than 3 years to not more than 10 years), or a person under general mitigation of any repeated crime of this kind: A confession and reflect (decision of sentence of punishment] A confession and reflectivity (decision of sentence of punishment), and a person under general mitigation of any repeated crime of this kind: A sentence shall be determined as per the disposition beyond the sentencing criteria, taking into account the following factors:

2. Application of the criteria for probation [Main Grounds for Suspension of Execution] Main prides: None of the main grounds for probation that the main grounds for non-existence of the grounds for probation: [Decision on the territory of recommendation] No (Decision on the area of recommendation] and all of the grounds for choice of probation [General Witnesses for Suspension of Execution]: The grounds for general pride of probation: The confession and the grounds for general pride of probation: At least twice in the area of recommendation, the scope of which has been decided on whether to suspend probation should be determined as per the disposition, comprehensively