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(영문) 창원지방법원 2015.07.28 2015고단1105
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

30,000 won shall be additionally collected from the defendant.

Reasons

Criminal facts

Defendant is not a narcotics handler.

1. On April 8, 2015, the Defendant administered approximately 0.03g of psychotropic drugs at the Defendant’s home, Kimhae-si C, 205 Dong 102, by inserting approximately 0.03g of psychotropic drugs into a single-use injection machine and administering them to the left arms.

2. On April 9, 2015, at around 18:00, the Defendant administered approximately 0.03 g of phiphones in the same place as that of paragraph (1) in the same manner as that of paragraph (1).

3. On April 24, 2015, at around 21:00, the Defendant administered approximately 0.03 g of phiphones in the same place as in paragraph (1) in the same manner as in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Each written appraisal;

1. Application of Acts and subordinate statutes to a investigation report (survey of the current market price of Metep cancer and calculation of additional collection charges);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts;

1. Selection of each sentence of imprisonment;

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

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [Scope of Recommendation] Medications, simple possession, etc. - There is no basic area (10 to 2 years) (10 to 2 years) (the scope of final sentence due to the increase of multiple offenses] - October to 3 months [3 months] - Unfavorable circumstances: there are several occasions including the same kind of punishment power; the number of crimes has reached three times; the last crimes are committed while being investigated into the previous crimes - The confessions and reflects favorable circumstances: Imprisonment [decision of sentence] 1 year and six months;

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