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부산지방법원 2012.12.06 2012고단6759
마약류관리에관한법률위반(향정)
Text

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

2. 10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On October 13, 2011, the Defendant was sentenced to one year and six months of imprisonment, and three years of suspended execution on October 21, 201 by the Changwon District Court for a violation of the Act on the Control of Narcotics, Etc., and is still under suspended execution, which became final and conclusive on October 21, 201.

The defendant is not a person handling narcotics.

At around 20:00 on August 17, 2012, the Defendant administered philophones by inserting approximately 0.03g of psychotropic drugs in a single-use injection instrument and mixing water into the left arms at the Defendant’s house located in Chang Sea-gu, Changwon-si, Jinon-si. The Defendant administered philophones by inserting approximately 0.03g of psychotropic drugs.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of the appraisal of narcotics, etc., and a reply to a request for the appraisal;

1. A report on investigation (calculated additional charges);

1. Seizure records;

1. Investigation report (the results of reagents and protruding photographs);

1. Previous conviction: Application of criminal career data and investigation reports (Attachment of judgment)-related Acts and subordinate statutes;

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

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 standard of punishment and sentence [decision of type] : A person subject to the three types of crimes (pacta (pactabababababa and (c)) (p)) (special sentencing) among the group of narcotics crimes, such as medication and simple possession of medicines: No person subject to special mitigation of the same criminal records (pactabab within three years): No person subject to the aggravated punishment (pactabs the scope of recommending punishment): one year or three years (general prisons) respectively: A person subject to imprisonment for the same criminal records (pactababs more than three years but less than ten years), or a person subject to general mitigation of a foreign repeated crime: A person subject to no sentence of sentence (pactaba

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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