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(영문) 창원지방법원 진주지원 2015.08.12 2015고단589
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

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.

On June 23, 2015, at around 16:00, the Defendant injected approximately 0.1g of psychotropic drugs, which were psychotropic drugs received from fluories, (i) Mesopha (i.e., one gramopon) and possessed by Hanam-gun C, Hanam-dong, by dilution them with a single-use injection device, and (ii) injected them into the left fluorcosis.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the calculation of an additional collection charge (100,000 won); and

1. The report on the results of preliminary tests for narcotics and the application of statutes on narcotics appraisal;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of Narcotics, etc., and Selection of Imprisonment with prison labor concerning facts constituting an offense;

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

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

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.

[Special Mitigation Measures] Self-denunciation [Extent of Recommendation] Imprisonment with prison labor for not less than six months but not more than one year and not more than six months;

2. Crimes related to narcotics, etc., on which a sentence is to be pronounced, needs to be strictly punished because of their serious social harm caused by toxicity, etc. and high risk of undermining the health and social safety of the people. However, the punishment as ordered is determined by taking into account the following factors: (a) the Defendant reflects his/her criminal act; (b) the Defendant voluntarily surrenders to an investigative agency after the instant crime; (c) the Defendant has no criminal records of the same kind; and (d) the Defendant has no criminal records of the same kind; and (b) the Defendant has no criminal records of the same kind into consideration; and

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