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(영문) 부산지방법원 2012.11.22 2012고단7830
마약류관리에관한법률위반(향정)
Text

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

2. 10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

On September 22, 2012, around 00, the Defendant administered 0.03 g of the psychotropic drugs at the Japanese-type Who-si, Busan Jin-gu, in a way that psychotropic drugs-related clopon clopon clopon clopon clopon clopon copon clopon copon.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on an investigation (in-training the results of urinal appraisal) and notification of the results of narcotics appraisal;

1. A report on investigation (calculated additional charges);

1. Each protocol of seizure and the list of seizure;

1. Previous records: Inquiries, such as criminal records, and application of Acts and subordinate statutes to criminal investigation reports (Attachment to judgments of the same kind of suspect);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc., and the choice of imprisonment for a crime;

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

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 standards for the punishment and the sentence [decision of a sentence] : A person subject to the three types of crimes (presidential items (b), (c) and (c) of simple possession of medication among the narcotics crime group : No person subject to special mitigation (the scope of recommending punishment : No person subject to special mitigation of imprisonment for the same kind of crime (not less than three years of suspension of execution): A person subject to imprisonment for one year or three years (general person) (not less than three years of suspension of execution), or a person subject to general mitigation of recidivism for a same kind of criminal offense (not less than ten years of suspension of execution), within the scope of the recommended punishment determined: A person subject to no sentence of punishment (decision of sentence): A person subject to special mitigation of a person subject to imprisonment

2. The criteria for suspension of execution shall not apply (the grounds for suspension of execution cannot be suspended due to grounds for suspension of execution).

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