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(영문) 부산지방법원 2012.12.13 2012고단8076
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment for one year;

2.No. 1, appraisal, number 0.78g of seized white-stegs No. 0.78g of total list of seized articles.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On September 21, 2012, around 19:00, the Defendant put about approximately 0.03 g of psychotropic drugs in a single-use injection machine, dilution into the Defendant’s left hand, etc. at the inside of the Defendant’s residence located in Busan Jin-gu, Busan, and administered them by means of injecting them into the bloodline, such as a single-use hand, etc.

2. On September 23, 2012, at around 20:10, the Defendant possessed a disposable injection device, which contains approximately 0.8gh of philopon, dilution of aquatic dilution, into the inner flopon, at the transportation station and office of the Busan High Police Station located in the Busan High-dong, Busan High-gu, and in a way that the Defendant keeps it in the inner flopon, with a single injection device containing a copon, the accurate amount of which

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of appraisal of narcotics, etc. and their respective delivery notes;

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

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to a report on investigation (with respect to a host country);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 (Article 2 of the Act on the Control of Narcotics, Etc., the Selection of Punishment for Criminal Facts, and the Selection of Imprisonment, respectively;

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

3. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

4. Grounds for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics Additional Collection.

1. Application of the criteria for punishment and sentence [decision of type of punishment] Each group of narcotics crimes: Type 3 (f) (i.e., administration, simple possession, etc.) of a crime among the group of narcotics crimes (i.e., special persons under special mitigation): No person under special mitigation: [Scope of recommending punishment]: Imprisonment with prison labor for 10 months to 2 years (the scope of revised recommended punishment], 10 months to 3 years (applicable to the criteria for the management of multiple crimes) (the range of corrected recommended punishment] [general person] under ordinary person: A person under general mitigation of a same criminal offense (a suspended sentence of more than 3 years to 10 years) or a person under general mitigation of a repeated crime: A confession and reflect (decision of sentence) shall be made within the scope of recommended punishment determined.

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