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(영문) 부산지방법원 2012.10.11 2012고단5862
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. Five for disposable injections seized (No. 2).

Reasons

Punishment of the crime

On January 27, 2011, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at Daejeon District Court on January 27, 201 and completed the execution of the sentence on March 25, 2012.

The defendant is not a person handling narcotics.

1. On July 24, 2012, the Defendant: (a) on July 24, 2012, in a guest room where it is impossible to identify the heading room of the second floor of the Busan Birromo-gu Cirel, Busan, the Defendant is a psychotropic drug, a single psychotropic drug, and hereinafter referred to as “chophonephone.”

D.0.03g was put in a single-use injection machine, dilution was made, and administered in such a way as to injecting them into one’s own dynassis.

2. On July 25, 2012, around 15:50 on July 25, 2012, the Defendant possessed approximately 1.19g of philopon, which was contained in plastic bags, in front of the Busan Jung-gu D Residents' Center, by hiding it in hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on death (verification of the results of assessment of urinals and narcotics), and notification of the results of assessment of narcotics;

1. Investigation report (survey of the current market price of Mesphere and calculation of additional collection charges);

1. Records of seizure and the list of seizure;

1. Reporting on investigation (report on photographing photographs of seized articles);

1. Previous convictions: Each investigation report (report on confirmation of the fact of release, attachment of previous convictions and court rulings), application of Acts and subordinate statutes governing criminal history records;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 (Article 2 of the Act on the Control of Narcotics, Etc., the Selection of Punishment for Criminal Facts, and the Selection of Imprisonment, respectively;

2. Article 35 of the Criminal Act among repeated crimes;

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

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

5. Grounds for sentencing in the proviso to Article 67 of the Narcotics Control Act.

1. For a person who is under special mitigation (special mitigation) of crimes such as medication, simple possession, etc. (special mitigation) (special mitigation) among the group of narcotics crimes: Each aggravated area in which no person is subject to special mitigation (the scope of recommendation) (the scope of punishment shall be limited to not more than three years): One year to three years;

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