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(영문) 부산지방법원 2016.11.29 2016고단5585
마약류관리에관한법률위반(향정)
Text

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

Despite the fact that the Defendant is not a person handling narcotics, the Defendant treated narcotics as follows:

1. On May 21, 2016, the Defendant, at around 20:00, injected approximately 0.05 grams of psychotropic drugs, Metepopa (one philopopon; hereinafter “philopon”), using a single-use injection device, to the Defendant’s arms, at around 0:00, the address of the Defendant, Busan Southern-gu Busan-gu Office 109, which is the Defendant’s dwelling.

2. At around 23:00 on July 8, 2016, the Defendant administered approximately 0.05 grams in the above Defendant’s residence in the foregoing manner.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Notification of the result of legal appraisal;

1. Response to the request for appraisal;

1. Application of Acts and subordinate statutes concerning an investigation report;

1. Relevant Articles 60 (1) 2, 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. and the selection of a sentence concerning criminal facts, and the selection of imprisonment with prison labor;

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

1. For the reason of sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc., the penalty shall be imposed on the following crimes: Class 1 / [the scope of recommendation ] medication, simple possession, etc. of the sentence under the proviso to Article 67 of the Act on the Control of Narcotics, etc. (the scope of punishment / [6-1 year and 6 months] the mitigation area (6-1 year and 16 months) of the mitigation area (the scope of recommendation / the mitigation area) of the self-denunciation / the mitigation area (6-1 year and 16 months) of the mitigation area (the mitigation area) of the mitigation area (6-2 years and 3 months of the mitigation area): the defendant again committed the same crime under the proviso to the Act on the Control of Narcotics, etc. at the Busan District Court on July 5, 2011, even though he had been sentenced to the suspension of the sentence for 2 years in October, 201.

In full view of the contents of each of the crimes in this case and the result of the defendant's maternity appraisal, punishment is inevitable since it cannot be viewed as a simple medication case once.

However, the term of punishment shall be determined in consideration of the fact that a person surrenders himself/herself to commit a crime and a simple medication case.

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