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(영문) 부산지방법원 2014.08.12 2014고단5738
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On June 16, 2014, around 21:30, the Defendant: (a) put about approximately 0.07gg of psychotropic drugs in a single-use injection machine; and (b) injected narcotics into the left bloodline and administered them. (c) At around 21:30 on June 16, 2014, the Defendant injected approximately 0.07gg of psychotropic drugs, in a single-use injection machine; and (d) injected them.

Summary of Evidence

1. Defendant's legal statement;

1. A letter of authorization at the time of a urine examination and photographs of medication;

1. Application of Acts and subordinate statutes to a report on investigation (statement of surcharge calculation);

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. concerning criminal facts, and the choice of imprisonment with prison labor;

1. For the reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc., a sentence is inevitable in light of the following: (a) the Defendant has been punished five or more times for the same kind of crime; (b) the Defendant did not actively cooperate in the investigation after the crime; and (c) the Defendant appears to have administered phiphonephones habitually other

However, in consideration of all the circumstances, such as the fact that the defendant had no record of punishment for the same kind of crime since the release in 2005, the prosecutor indicted the defendant only for a single-time medication, and the long-term detention of the defendant entails excessive difficulty to his dependants, etc., the sentence like the order shall be imposed on the defendant.

It is so decided as per Disposition for the above reasons.

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