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(영문) 부산지방법원 2016.08.11 2016고단2908
마약류관리에관한법률위반(향정)
Text

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

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. On November 2015, the Defendant, on the part of the Defendant’s residence, injected approximately 0.05 grams of Meptiles (one philopon; hereinafter “philopon”) which is a local mental medicine in Suwon-gu, Busan, which is the Defendant’s dwelling, with water, and administered philopon in a way of injecting it into the Defendant’s arm’s blood transfusion using a single-use injection device.

2. On February 13, 2016, at around 19:00, the Defendant administered approximately 0.05 grams in the above Defendant’s residence in the foregoing manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Notification of the result of legal and chemical appraisal;

1. Application of the Acts and subordinate statutes to the written response to inquiry;

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts, and selection of a sentence to imprisonment;

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. The scope of the final sentence according to the aggravated punishment for which there are no types 2 (the scope of the recommended punishment) in the basic area (10 to 2 years) of crimes falling under Category 3 (10 to 3), the basic area (2) of the Act on the Control of Narcotics, Etc. (the scope of the recommended punishment) [the scope of the recommended punishment] in the basic area (10 to 2 years), such as medication and simple possession (2 years from 10 to 3 years from 10] in the basic area (10 to 3 years from 2 years from 2 years from 2011): October and 3 years [the sentence] in consideration of the fact that the punishment was sentenced for the same crime as in 201, and that the same criminal records are more than seven times, etc., the sentence is inevitable in consideration of the fact that the case is a simple medication, and that both of the crimes are led to confession.

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