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Reasons
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(영문) 부산지방법원 2013.05.24 2012고단10676
마약류관리에관한법률위반(향정)
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A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On November 12, 2012, around 19:30 on November 12, 2012, the Defendant administered a philopon by having D, from the house of Busan Jin-gu C apartment of 2nd 201, approximately 0.03 glopon, a psychotropic drug, in a single-time injection machine, and inserting approximately 0.03 g of psychotropic drugs, into a single-time injection machine, and by mixing water into the Defendant’s left part.

2. On November 16, 2012, the Defendant administered phiphones by inserting approximately 0.03g of philophones from the Defendant’s home in Busan Franchise E on November 16, 2012 and mixing them with water to the left arms.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation (in relation to attachment of a suspect examination protocol);

1. Notification of the result of appraisal of narcotics;

1. Application of Acts and subordinate statutes to 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 Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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

1. The sentence like the disposition shall be imposed in consideration of all the circumstances, including the fact that the defendant committed the crime of this case in spite of the fact that the defendant had been punished twice for the same kind of crime, but has not committed the same kind of crime since 2001, he was not guilty of the same crime, his mistake was divided in depth and voluntarily surrenders, the defendant's family's health is not good, and the defendant's family's support should be supported by his family.

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

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