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(영문) 창원지방법원 진주지원 2015.08.26 2015고단447
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

- approximately 0.11g (No. 3) of the estimated white-rayed clickphones seized.

Reasons

Punishment of the crime

1. At around 20:00 on May 10, 2015, the Defendant injected approximately 0.03 grams of psychotropic drugs, Metepha (i.e., one philopon; hereinafter “philopon”) with a single-use injection device, in a manner of dilutioning the psychotropic drugs into one-time melopsis.

2. On May 11, 2015, at around 15:25, the Defendant possessed a disposable injection device with approximately KRW 0.11g of philopon on the Defendant’s right part, at the parking lot of the above C building.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the calculation of an additional collection charge (200,000 won); and

1. As for the prosecution, summary and summary medical examination, each written appraisal, and the table for request for appraisal;

1. Application of each existing Act and subordinate statute of about 0.1g (No. 3) and one disposable dives (No. 4) containing a white shot body that has been seized in order to estimate philophones;

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 facts constituting an offense, and the choice of imprisonment with prison labor;

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. The scope of sentence recommended on the sentencing criteria (determination of type) shall be determined in accordance with the sentencing criteria;

Items c) and c.

Sub-paragraph (Special Mitigation) important investigative cooperation [the scope of recommending punishment] Imprisonment with prison labor for not less than six months but not more than one year and six months (the result of guidelines for handling multiple offenses) shall be punished by imprisonment with prison labor for not less than six months but not more than two years and three months;

2. The fact that the Defendant had been punished for the same kind of crime on two occasions, and the Defendant committed each of the instant crimes at another time while having been punished for a more severe punishment, and that narcotics-related crimes need to be strictly punished because of serious social harm caused by toxicity of narcotics, etc. and high risk of harm to the public health and social safety.

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