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(영문) 창원지방법원 진주지원 2016.01.27 2015고단1190
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[2015 Highest 1190] Defendant is not a narcotics handler.

On August 31, 2015, at the defendant's house located in Jinju City, around 18:00, the Defendant injected approximately 0.03 grams of Mepta (one philopopon) which is a fladic mental medicine at the defendant's house located in Jinju City, by dilutioning approximately 0.03g of mecopic with a single-use injection device into his left flapoper.

[2015 Highest 1300] On November 20, 2015, the Defendant injected approximately 0.03g of Mempiles (one philopon) a primary mental medicine at the Defendant’s house located in Jinju-si, Jin-si, Jin-si, 2015, by dilutioning about 0.03g of mechers with a disposable injection device, and by laying them into one’s left selling beer.

Summary of Evidence

[2015 Highest 1190]

1. Statement by the defendant in court;

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

1. A written appraisal and a written appraisal of narcotics (2015 high group 1300);

1. Statement by the defendant in court;

1. Reporting on the calculation of an additional collection charge (100,000 won);

1. A copy of the confirmation letter of consent to recovery of urines and the inspection of simple reagents, and the application of statutes on narcotics;

1. Relevant legal provisions of the Act on the Management of Narcotics, etc., and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc., and Selection of imprisonment with prison labor for a crime;

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

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. The scope of sentence recommended on the sentencing guidelines [the types of decisions] the scope of sentence [the scope of punishment recommended] recommended on the sentencing guidelines that there is no medication (b) (special sentencing factors] (the scope of recommended punishment] [the scope of punishment] shall be sentenced to imprisonment for not less than 10 months but not more than 2 years (the result of multi-party crime processing standards]

2. In light of the fact that the Defendant, who was sentenced to the sentence, committed the instant crime in spite of the fact that he/she had been punished three times for the same kind of force, and the Defendant voluntarily surrenders himself/herself to an investigation agency on August 31, 2015 and was investigated on the fact that he/she was under investigation on the suspicion of the administration of scopon, and administered scopon around November 20, 2015, it is inevitable to punish the Defendant with severe punishment.

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