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(영문) 창원지방법원 진주지원 2015.07.08 2015고단401
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

On June 12, 2012, the Defendant sentenced 8 months to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc., in the Changwon District Court's Jinju branch on June 12, 2012 and completed the execution of the sentence on December 3, 2013.

1. At around 22:00 on April 9, 2015, the Defendant administered a psychotropic drug that was obtained from D on the street in front of the building C at Jinju, using a disposable injection device for dilution of approximately 0.06g of psychotropic drugs (i.e., one philopon; hereinafter “philopon”).

2. On May 6, 2015, the Defendant purchased approximately 0.06 grams from F in front of the house of F in Sacheon-si E at KRW 50,00,000, from F, and administered them by dilutioning approximately 0.06g of philopon purchased on May 7, 2015 at the place indicated in the preceding paragraph at around 22:00, as above, with a single-use divers, using a single-use divers to have it injected to his left spoper.

Summary of Evidence

1. Defendant's legal statement;

1. A certified copy of an interrogation protocol of the prosecution concerning F;

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

1. A written report on the results of the preliminary test for narcotics, response to requests for appraisal, and an appraisal report on narcotics;

1. Previous records: Application of Acts and subordinate statutes on criminal records, etc. and personal identification and confinement status;

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., concerning facts constituting an offense, and the choice of imprisonment with prison labor;

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

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

1. Grounds for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics;

1. The scope of sentence recommended according to the sentencing criteria;

(a) Basic crimes [Determination on the Violation of the Act on the Control of Narcotics, etc. (Psychotropic Drugs due to the purchase and sale of opphonephones)] (Determination on the type] the trading, arrangement, etc. of narcotics (mathy, flagb, item (b), (c), etc.) [Special Aggravation] increased factors: Reduction factors in the previous case (not less than a three-year suspended sentence): Medication and simple possession;

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