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(영문) 창원지방법원 진주지원 2015.09.23 2015고단632
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. At around 23:50 on January 19, 2015, the Defendant injected approximately 0.03 grams of psychotropic drugs purchased from D at the house of Jinju City C building 201, using a disposable injection device, in a manner of dilution with a single-use injection device for one-use croposis.

2. At around 02:00 on February 7, 2015, the Defendant injected approximately 0.03g of philophonephones purchased from D from Jinju-si, Jinju-si, by dilutioning 0.03g of philophones purchased from D with raw water, with a single-use injection device, in a manner of melting injection into her cryp spherosis.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of suspect examination of D by the prosecution;

1. Report on the calculation of an additional collection charge (200,000 won); and

1. The report on the results of the preliminary test for narcotics, and the application of Acts and subordinate statutes of the relevant written appraisal report;

1. Article 60 (1) 2, Article 4 (1) 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 with prison labor;

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

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. The scope of sentence recommended on the sentencing criteria (determination of type) shall be determined in accordance with the sentencing criteria;

Items c) and c.

Sub-paragraph (Special Mitigation) important investigative cooperation [the scope of recommending punishment] Imprisonment with prison labor for not less than six months but not more than one year and six months (the result of guidelines for handling multiple offenses) shall be punished by imprisonment with prison labor for not less than six months but not more than two years and three months;

2. In light of the fact that the Defendant committed the instant crime even though he/she had the history of punishment for the same kind of crime, and the crime related to narcotics, etc. requires strict punishment due to severe social harm caused by toxicity of narcotics, etc. and high risk of undermining the health and social safety of the people, the Defendant’s criminal liability is stiffe.

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