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(영문) 광주지방법원 순천지원 2015.10.21 2015고단1823
마약류관리에관한법률위반(향정)
Text

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

The evidence seized shall be confiscated from the accused.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On September 14, 2015, the Defendant, parked approximately 0.03g of psychotropic drugs in a single-time injection machine, and injected them into the Defendant’s left-out blood line by dilution them with the Defendant’s psychotropic drugs in front of Daegu Seo-gu, Seo-gu C, on one-time medication.

2. On September 15, 2015, around 16:07, the Defendant: (a) placed 0.03g philopon in a single-use injection machine; (b) possessed them for injection into the bloodline of the Defendant by dilution with aquatic dilution; (c) around 509 at the time of stay in D.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure by prosecution;

1. Requests for each appraisal;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article of the Act on the Control of Narcotics, etc. and Articles 60 (1) 2, 4 (1), and 2 subparag. 3 (b) of the same Act on the Control of Narcotics, Etc. and Articles 60 (1) 2 and 4 (1) and 2 subparag. 3 (b) (the occupation of phiphonephones and the choice of imprisonment) of the same Act on the control of narcotics, etc.;

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 Narcotics Control Act;

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

1. Scope of recommendations according to the sentencing criteria;

(a) Class I crime [Determination of Punishment] (Determination of Punishment] 3 (Special Aggravations, (b) and (c)) of the Decree on Medication, Simple Possession, etc. of Narcotics: Where there are particularly extenuating circumstances in relation to the commission of a crime or motive for a crime (general person): Aggravationd factor: The area of mitigation [Determination of the recommended area] of the same criminal history (not less than three years but not more than ten years), or of the repeated crime of this species (decision of the recommended area] mitigated area / 6 months to 16 months;

(b) Class 3 (Special Aggravations: (b) and (c) of the Act on Medicationing, Simple Possession, etc. of Narcotics) (Special Sentencings): Where there is a reason to take special account of the crime’s collusion or motive.

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