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(영문) 광주지방법원 2016.01.13 2015고단4396
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

20,000 won shall be additionally collected from the defendant.

As above, the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On May 2015, the Defendant: (a) put in a DNA burgic heading room located in Gwangju Nam-gu, Gwangju; (b) put in a single-use burgic burgic cine, a local mental medicine, into a single-use injection machine; and (c) injected with water into the following burgic body.

2. On October 20, 2015 or around October 21, 2015, the Defendant administered the Defendant’s house located in Gwangjunam-gu E, 103 Dong 308 of the same month, in a single-use injection device with 0.03g chophones, in a single-use injection device, and in a melting water into the following arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F (tentative name);

1. Each response to a request for appraisal;

1. Application of Acts and subordinate statutes on the price of cancer transactions (the confirmation of price of phiphonephones and the calculation of additional collection charges), and price of cancer transactions;

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

1. Imprisonment with prison labor chosen;

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 proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

(a) Type 3 (referred to as "Class 1 and 2" (referred to as "Class 1 and item (b) and item (c)) of the basic area (referring to 0 months to 2 years), such as medication and simple possession, etc.;

(b) The scope of final sentence due to the aggravation of multiple offenses: Imprisonment with prison labor for not less than ten months from three years; and

2. Specific grounds for sentencing - favorable circumstances: The Defendant is against the instant crime. - Unfavorable circumstances: the Defendant has been sentenced to imprisonment for the same crime including a violation of the Narcotics Control Act in 2007, which was sentenced for ten months due to the same offense; and the Defendant has been fostering not only the climatics but also the emotional results of the conspiracy or conspiracy.

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