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(영문) 부산지방법원 2014.01.10 2013고단7585
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On April 23, 2013, at around 23:00, the Defendant injected approximately 0.05g of psychotropic drugs cambacule (one philopon; hereinafter “philopon”) produced from E at the guest room in Gangseo-gu Busan, Gangseo-gu, Busan, into a single-use injection machine, melted them with water, and injected them into the bloodline.

2. On May 4, 2013, at around 20:00, the Defendant injected approximately 0.05g of philopon purchased from E in Gangseo-gu Busan Metropolitan City from 202 to c in a single-use injection machine, and melted them into water with water, and injected them into the blood cells.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of maternity appraisal;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Article 60 (1) 2, Article 4 (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, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. In light of the fact that the Defendant, for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., was sentenced to a suspended sentence for the same kind of crime in 2009, once again for two-time medications, a sentence of sentence is inevitable.

However, in consideration of the fact that there is no record of punishment for the same kind of crime other than the above crime, the long-term detention of the defendant entails excessive difficulty to the family members, active cooperation in the investigation of the investigation agency, depth of his mistake and reflects it, etc., the sentence like the order shall be imposed.

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

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