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(영문) 부산지방법원 2016.11.24 2016고단5102
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a person handling narcotics, around 01:00 on August 21, 2016, the Defendant administered approximately 0.03 grams of psychotropic drugs (i.e., one philopon) by dilution with the Melopic clopon (i.e., one philopon) at (Gu) located in the 1st floor of the Busan Metropolitan City, Young-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. A written appraisal of urine and hair;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Relevant Articles 60 (1) 2, 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. and the selection of a sentence concerning criminal facts, and the selection of imprisonment with prison labor;

1. The punishment shall be imposed in consideration of the following facts: (a) the reason for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommendations] medication, simple possession, etc. (10 to 2 years) and the basic area (10 to 2 years) (10 months) of the Act on the Control of Narcotics, etc. [the decision of sentence] [the defendant] that there is no person who has been sentenced to a special imprisonment] [the decision of sentence] on October 13, 2011; (b) the defendant again committed the crime of this case, which is the same kind of crime, despite the fact that the criminal records were more than 8 months sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. at Daejeon District Court, which

However, the term of punishment shall be determined in consideration of the fact that it is a matter related to simple medication, and the fact that it is against the confession while committing a crime.

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