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(영문) 창원지방법원 진주지원 2015.10.28 2015고단601
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is not a person handling narcotics.

1. On January 1, 2015, the Defendant administered psychotropic drugs in a manner of dilution with approximately 0.03g of psychotropic drugs, psychotropic drugs, using a single-use injection device, at a DNA point operated by the Defendant in Jinju-si, which was operated by the Defendant in Jinju-si, in a way that the Defendant injecteds approximately 0.03g of psychotropic drugs (i.e., one-time clopon; hereinafter “copon”).

2. At the end of January 2015, the Defendant injected approximately 0.03 grams of oponononon from the D main points above to d main points by dilutioning 0.03g of oponononon into aquatic water, and by using a disposable injection device to put in injection to his port beer.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E;

1. Report on the calculation of an additional collection charge (200,000 won); and

1. Each written appraisal;

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

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment with prison labor;

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 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. The scope of sentence recommended on the sentencing criteria (determination of type) shall be determined in accordance with the sentencing criteria;

Items c) and c.

Sub-paragraph (Special Mitigation) important investigative cooperation [the scope of recommending punishment] Imprisonment with prison labor for not less than six months but not more than one year and six months (the result of guidelines for handling multiple offenses) shall be punished by imprisonment with prison labor for not less than six months but not more than two years and three months;

2. In light of the fact that the Defendant committed the instant crime even though he had the history of punishment for the same kind of crime, and the instant crime was committed, and narcotics-related crimes have serious social harm caused by toxicity of narcotics, etc. and need to be severely punished because of high risk of undermining the health and social safety of the people, the necessity of strict punishment against the Defendant is large, the Defendant is against his own crime, and the Defendant is different.

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