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(영문) 부산지방법원 2012.11.22 2012고단7819
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment with prison labor for one and half years;

2. 20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On November 17, 2011, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at Busan District Court on November 17, 201, and completed the execution of the sentence on August 15, 2012.

The defendant is not a person handling narcotics.

On September 12, 2012, at around 09:00, the Defendant injected approximately 0.06g of psychotropic drugs in a single-use injection machine (i.e., single-use clopon) in Seo-gu Busan, Seo-gu, Seo-gu, Busan, and dilution with psychotropic drugs, and then administered them in a way of injecting them into their own copher.

Summary of Evidence

1. Statement by the defendant in court;

1. Response to a request for appraisal;

1. Investigation report (survey of the current market price of the Mepta Pota and calculation of additional collection charges);

1. Previous records: Application of Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports (Attachment to a copy of judgment), confirmation of the fact of release from a military court;

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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