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(영문) 부산지방법원 2016.11.24 2016고단3010
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Notwithstanding that the Defendant is not a person handling narcotics, around 01:0 on February 7, 2016, at the Defendant’s residence located in Nam-gu Busan and 302, administered chophones by mixing approximately 0.03g of psychotropic drugs with water at the Defendant’s residence, and administering chophones by using a disposable injection device.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Each investigation report (a separate attachment of a fluoral appraisal report and a fluoral appraisal report);

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

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. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. [Scope of Recommendation] Medication, simple possession, etc. (one to three years) in the area of aggravation (one year and three years) of the said Act / [the person under special jurisdiction] in the same criminal record (not more than three years of suspension of execution) / [the decision of sentence] Defendant again committed the instant crime, which is the same crime, even though he was sentenced to two years of suspension of execution on October 29, 2014 in Busan District Court’s Dong Branch Branch for the crime of violation of the Act on the Control of Narcotics, etc. on the Control of Narcotics, etc. on the ground

In light of the results of appraisal of the defendant's maternity and the details of information, etc., it is difficult to regard the defendant's maternity as a single medication only, and the source of philophones seems to be hidden, it is deemed inevitable to punish the defendant.

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