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(영문) 부산지방법원 2013.11.29 2013고단6792
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

around 21:00 on October 21, 2013, the Defendant injected approximately 0.03g of Mesofta (one philophone) a psychotropic drug, which was received from the Defendant’s home, C Apartment B, 208, Busan B, and then injected it into a single-use injection machine, and then injected it into the bloodline.

Summary of Evidence

1. Defendant's legal statement;

1. Results of the legal expert appraisal;

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

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning criminal facts, and the choice of imprisonment with labor;

1. In light of the fact that the Defendant was punished twice for the same kind of crime, and that he again commits the instant crime even though he was under suspended sentence due to the same kind of crime, etc., a sentence of punishment is inevitable.

However, the crime of this case shall be sentenced to the same punishment as the order in consideration of all the circumstances, such as the fact that the crime of this case was committed only once a phiphone, the visit to a hospital after the medication to talk about the fact of the medication, and the fact that he actively cooperates in the investigation, such as accepting the fact of the medication, and the fact that his mistake is divided in depth and reflected.

It is so decided as per Disposition for the above reasons.

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