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(영문) 부산지방법원 2012.12.27 2012고단8435
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

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

Reasons

Punishment of the crime

On August 12, 2011, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. in Busan District Court on March 4, 201 and completed the execution of the sentence on March 4, 2012.

The defendant is not a person handling narcotics.

At around 22:00 on September 28, 2012, the Defendant: (a) inserted approximately 0.03g of psychotropic drugs in a single-use injection machine, a psychotropic drug-related psychotropic drug, in the Busan Young-gu C2 male toilet; (b) dilution with aquatic water; and (c) injected them in a single-use medication.

Summary of Evidence

1. Statement by the defendant in court;

1. Response to a request for appraisal;

1. Investigation report (survey of the current market price of the Mepta Pota and calculation of additional collection charges);

1. Previous conviction: Application of a reply to inquiry, such as criminal history, each investigation report (verification of the date of final release from office and attachment of the same kind of judgment);

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 under special mitigation of punishment [decision of types of punishment] Application of the criteria for punishment and punishment [decision of types of punishment] 3 types of punishment (pactabbba and (c)] of crimes, such as medication and simple possession, among the group of narcotics crimes: A person under special mitigation of punishment for the same kind of crime (limited to a person under special mitigation of imprisonment for not less than three years): A person under special mitigation of punishment for the same type of crime (limited to a person under special mitigation of imprisonment for not less than three years): A person under general mitigation of imprisonment for ten or two years (limited to a person under general mitigation of imprisonment for not less than three years but not more than ten years): A person under special mitigation of recidivism for the same type of crime (decision of sentence) or for a person under general mitigation of recidivism for

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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