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(영문) 부산지방법원 2015.06.26 2015고단2626

마약류관리에관한법률위반(향정)

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

On May 7, 2015, at around 22:00, the Defendant, who was the Defendant’s residence, injected approximately 0.03g of psychotropic drugs, Metepia C in Busan-gu, Busan-do, the Defendant’s psychotropic drugs with water, and administered them by means of infecting them to the Defendant’s arms with a single-use injection device.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the seizure protocol and reply statute to requests for appraisal;

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act concerning probation or order to attend a lecture;

1. A suspended sentence of imprisonment shall be imposed in consideration of the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommending punishment] medication, simple possession, etc., and the following factors: (a) the mitigation area (6 to 1 year and 6 months) [the area of mitigation (6 to 1 year and 6 months] [the decision of sentence] self-denunciation [the defendant] having the same criminal records four times, but is punished in 2007, the defendant's contents are limited to simple medication, and the defendant voluntarily surrenders himself/herself to commit a crime, etc.