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(영문) 부산지방법원 2012.12.13 2012고단8950
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment for a period of one year and four months;

2. 10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On February 17, 2011, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Ulsan District Court on January 19, 201, and completed the execution of the above punishment.

The defendant is not a person handling narcotics.

At around 02:00 on October 16, 2012, the Defendant administered a phiphone by inserting approximately 0.03 g of psychotropic drugs delivered from a person who is not able to know his name at the seat of the Defendant’s office located in the Geum-gu, Busan and the second floor (hereinafter “D”), in a single-use injection machine, and mixing them with water to the left arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of the appraisal of narcotics, etc., and a reply to a request for the appraisal;

1. A report on investigation (calculated additional charges);

1. Records of seizure and the list of seizure;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same type of judgment), reporting on confirmation of the release of prisoners, and statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc., and the choice of imprisonment for a crime;

2. Article 35 of the Criminal Act among repeated crimes;

3. Grounds for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics Additional Collection.

1. A person subject to the application of the standard of punishment and sentence [decision of type] : A person subject to the three types of crimes (pacta (pactabababababa and (c)) (p)) (special sentencing) among the group of narcotics crimes, such as medication and simple possession of medicines: No person subject to special mitigation of the same criminal records (pactabab within three years): No person subject to the aggravated punishment (pactabs the scope of recommending punishment): one year or three years (general prisons) respectively: A person subject to imprisonment for the same criminal records (pactababs more than three years but less than ten years), or a person subject to general mitigation of a foreign repeated crime: A person subject to no sentence of sentence (pactaba

2. The criteria for suspension of execution shall not apply (the grounds for suspension of execution cannot be suspended due to grounds for suspension of execution).

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