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(영문) 청주지방법원 2014.04.25 2013고단1768
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

At around 23:50 on July 29, 2013, the Defendant: (a) taken a single-use injection device containing approximately 0.05g of psychotropic drugs from D with water from the Metrotopian (one philophonephone) at the Cheongju-gu Cheongju-si, Cheongju-si, with approximately 0.05g of psychotropic drugs, and administered approximately 0.15g of opphones in the same way three times for about one hour and thirty minutes by injecting them into his own arms.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on written statements by prosecution concerning D;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Protection of Narcotics, etc. from Crimes and the Selection of Punishment for Specific Crimes;

Bags (Selection of Imprisonment)

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

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Probation under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order of provisional payment order include that there is no record of criminal punishment against the defendant, that the defendant appears to have committed this case in a remote defense room during the process of performing a cancer diagnosis as a basic livelihood recipient, and that the defendant seriously reflects the defendant's mistake, etc., the scope of the recommended sentence prescribed in "the sentencing guidelines for narcotics crime" [the scope of simple possession, etc., of medication and Type 3 (f).

Items c) and c.

(i) within the mitigation area (6 months to one year, one year and six months: where there are extenuating circumstances in relation to commission of a crime or motive for a crime), the sentence as ordered shall be determined.

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