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(영문) 부산지방법원 2012.09.20 2012고단5126
마약류관리에관한법률위반(향정)
Text

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

2. One divers (number No. 1 of the inventory of seized articles) for a single divers.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. Around April 2012, the Defendant administered 0.03 g of psychotropic drugs, on April 2012, the date of which was 22:00, in the Defendant’s house located in the Busan Young-gu, Busan (hereinafter “cloudopon”). Around 22:00, the Defendant administered cloudopon by using approximately 0.03g of psychotropic drugs (hereinafter “cloudopon”).

2. On June 14, 2012, the Defendant administered philophones by inserting approximately 0.03g of philophones from the Defendant’s home to a single-use injection instrument and mixing water into the left arms on June 14, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (the report on the results of the appraisal of narcotics, etc. conducted on the basis of the assessment of urinals-Mesacopacopacopacopacopacopacopacopacopacopacopacopacopacopacopacopacopac

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

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Article 3 of the Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 2011; hereinafter the same shall apply), Articles 60(1)3, 4(1), and 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply), Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) (a) of the Act on the Control of Narcotics, Etc., and each decision of imprisonment with prison labor;

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 under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (100,000 won for a single medication of phiphones x twice = 200,00 won).

1. A person who is under special mitigation (special mitigation) of a crime, such as medication, simple possession, etc. (special mitigation) (special mitigation) among the groups of narcotics crimes: No person under special mitigation (special mitigation for not less than three years) shall be subject to the application of the standards for punishment and sentence (decision of type of punishment): Each group of narcotics crimes (the scope of recommending punishment).

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