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(영문) 창원지방법원 밀양지원 2017.05.18 2017고단120
마약류관리에관한법률위반(향정)
Text

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

30,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On March 19, 2017, around Busan Shipping Daegu C and 202, the Defendant administered 0.03gs to the right-hand posts using disposable injection devices, after dilutioning 0.03gs to the right-hand posts, which were located within his/her own residence, of Busan Shipping Daegu C and 202, and was in possession of a psychotropic drug that was provided by a fire, and then administering 0.03gs to the right-hand posts using a disposable injection device at the same place after diving.

2. On March 21, 2017, the Defendant, at around 20:0, administered 502 Maurphones located in Geum-gu, Busan, Busan, by means of dilution of 0.03g of philophones that were provided by an injured party, and then injection into the left part of the cover by using a disposable injection device.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each request for appraisal-related Acts and subordinate statutes;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Articles 60 (1) 2 and 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. for which a penalty is selected, and the choice of imprisonment for a crime, respectively;

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

1. proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection = 100,000 won = One time input x 3 times);

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

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

(a) The number of self-denunciation in the mitigation area (from June to one year and six months) of the Class 3 (Notice Restrictions), including medication, simple possession, etc. (b) and the reduction area (from June to one year and six months);

(b) The number of self-denunciation in the mitigation area of Class 3 (b) (from June to one year and six months) for the crimes of Class 2 (the scope of a recommended punishment), medication, simple possession, etc. (the items (b) and (c)) for the crimes of Class 3 (the number of special mitigation persons);

(c) The number of self-denunciation in the mitigation area of the Class 3 crimes (6 months to one year and six months) (including six months to one year and six months), including medication, simple possession, etc.

(d) The scope of final sentence due to the aggravation of multiple offenses: Six months to two years; and

2. The decision-making defendant surrenders himself to the police and has the record of being punished several times for the same kind of crime.

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