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(영문) 부산지방법원 2012.11.22 2012고단6991

마약류관리에관한법률위반(향정)

Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

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

Reasons

Punishment of the crime

On January 18, 2007, the Defendant was sentenced to 8 months of imprisonment for violation of the Act on the Control of Narcotics, etc. (fence) in Busan District Court’s branch branch court, and completed the execution of the above punishment on May 21, 2007.

The defendant is not a person handling narcotics.

On August 21, 2012, the Defendant, at around 18:00, administered chophones by inserting approximately 0.03g of psychotropic drugs delivered from a person who is not known of his name (her name “D”; hereinafter “chophones”), in a single-use injection machine, and mixing them with water, administered chophones by means of injecting them into the left arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of appraisal of narcotics, etc. and a reply thereto;

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

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (referring to the attachment of photographs as a result of examination of the country's port arms and simplified reagents);

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. A person who is 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, simple possession, etc. among the narcotics crime group (special persons under special mitigation] : No person shall be sentenced to punishment [Scope of recommending punishment]: A person who is under general mitigation] from 10 to 2 years [general person] of imprisonment for not less than 10 months (not less than 3 years but not more than 10 years of suspension of execution) or a person who is under general mitigation of repeated crimes of this type: A person who is under general mitigation of punishment: A sentence of punishment as per the disposition shall be determined within the scope of recommendation (decision of sentence of punishment) by comprehensively taking into account both the person under special punishment

2. Application of the criteria for the suspension of execution [main reasons for the suspension of execution] Main reasons for the suspension of execution: The main reason for non-existence of reasons for the suspension of execution shall be the imprisonment of the same criminal record (not more than five years of suspension of execution, or not less than three times of fine)