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(영문) 부산지방법원 2016.02.26 2015고단8099
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Although the Defendant is not a handler of narcotics, around 17:00 on December 6, 2015, around 2015, the Defendant injected narcotics, etc. after mixing them with the water for a disposable injection machine containing approximately 0.03g of the mert clurine, which is a local mental medicine, within the Defendant’s car parked in front of D agency located in Busan-gu Busan-gu, Busan-do, and administered them.

"2016 Highest 244" Defendant dealt with narcotics as follows, although he is not a handler of narcotics.

On July 24, 2015, at around 22:30, the Defendant provided F with approximately 0.1g of mert clocks (one philopopon), a local mental medicine contained in a one-time injection device, at the bottom of the E clopic, G.

Summary of Evidence

[2015 Highest 8099]

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Notification of the results of legal and chemical appraisal, and reply to a request for appraisal (receed);

1. Seizure records;

1. A criminal investigation report (related to collection) (2016 order 244);

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Copy of the protocol concerning the interrogation of suspect with respect to the F, and each statement;

1. A report on investigation (to confirm and report telephone details and telephone conversations facts);

1. Application of Acts and subordinate statutes concerning investigation reports (additional collection);

1. Selection of a punishment for a crime under 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 Act, or selection of a punishment for a crime under Article 60 (1) 3 (b);

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

1. The sentence of imprisonment shall be imposed in light of the following: (a) the reason for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended sentence] medication, simple possession, etc.; (b) the number of persons subject to special mitigation (the period between March and January 6) [the person subject to special mitigation], and the important cooperation in investigation [the decision] that there are two times the criminal history of the defendant; (b) the defendant delivers phiphonephones to others, etc. in addition to the administration of phiphones, and the contents of the crime are not somewhat weak.

However, the defendant surrenders himself.

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