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(영문) 광주지방법원 2015.11.26 2015고단3878
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Provided, That 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.

1. On July 1, 2015, the Defendant, along with F, administered approximately 0.03 g of the psychotropic drugs-related Mexine 606 in Gwangju Northern-gu, by inserting approximately 0.03g of the psychotropic drugs-related Mexine in a single-use injection machine, and inserting them into the following arms.

2. On October 9, 2015, the Defendant administered a medication by inserting approximately 0.03 gopon into the Defendant’s house located in Goungung-gun G, Goung-gun, and drinking water together with water.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the protocol of examination of prosecution concerning F;

1. A copy of H’s statement;

1. Application of Acts and subordinate statutes on the details of the F mobile phone Kakaox messages, communications details, requests for appraisal, and requests for appraisal, and the price of narcotics;

1. Article 60 (1) 2 and Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for which relevant criminal facts and the choice of punishment are applicable;

title, each choice 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;

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. Scope of recommended sentences based on the sentencing criteria: Imprisonment with prison labor for not less than ten months up to three years; and

(a) Recommendation type of each crime as indicated in its holding: The basic area of types 3 (f) (b) and (c) of drugs) including medication, simple possession, etc. from 10 months to 2 years of imprisonment;

(b) Recommendations following the aggravation of multiple crimes: Imprisonment with prison labor for not less than ten months nor more than three years.

2. Determination of sentence: 10 months of imprisonment, 2 years of suspended sentence, the fact that the defendant had been sentenced several times to punishment for a crime of the same kind, the fact that there is a great social harm to narcotics-related crimes, etc., or that the defendant has no criminal power to punish the defendant since 2003, and that the defendant again does not commit such crime, and that the defendant has to refrain from committing such crime, and that of this case, such as the defendant's age, character and conduct, circumstances of the crime, and circumstances after the crime, etc.

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