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(영문) 부산지방법원 2012.12.27 2012고단9331
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment for one year;

2. 30,000 won shall be collected from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On February 2, 2012, around 13:00 on the day of February 2, 2012, the Defendant administered philophones by inserting approximately 0.03 g of psychotropic drugs in a single-use injection machine and inserting them into the right arms by mixing them with water.

2. Around March 2012, the Defendant administered approximately 0.03g of philopon at the Defendant’s home located in the Busan Dong-gu 301 on March 22, 2012 in the same manner as Paragraph 1.

3. Around May 2012, the Defendant administered approximately 0.03g of philopon from the house of the F in Busan Southern-gu E and 201 on May 1, 2012 in the same manner as Paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. The prosecutor's statement concerning the F;

1. Response to a request for appraisal (fixture-training);

1. Investigation report (report on the market price of phiphonephones);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 60 (1) 3 and Article 4 (1) and subparagraph 4 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply) on criminal facts, the choice of punishment, and the choice of imprisonment, respectively;

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

3. Grounds for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics Additional Collection.

1. A person subject to the application of the standard of punishment and sentence [decision of type] among each narcotics crime group, who is under special mitigation [no person under special mitigation] 3 types of crimes, such as medication, simple possession, etc. (a person under special mitigation] (a person under special mitigation): No person under special mitigation [a scope of recommending punishment]: Imprisonment with prison labor for 10 months to 2 years [a scope of corrected recommended punishment]] from October to 3 months (applicable to the criteria for the management of multiple crimes] [a person under general mitigation]: A person under general mitigation: A person under special mitigation within the scope of recommended punishment determined [a person under special mitigation].

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