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(영문) 창원지방법원 2015.11.19 2015고단1714

마약류관리에관한법률위반(향정)

Text

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

A penalty of KRW 100,000 shall be collected from a defendant.

Reasons

Criminal facts

The Defendant, at the Changwon District Court on July 25, 2014, sentenced to one year of imprisonment and two years of suspended sentence for a violation of the Act on the Control of Narcotics, Etc., and the said judgment became final and conclusive on August 2, 2014 and is currently under suspended sentence.

Around 18:00 on June 14, 2015, the Defendant administered approximately 0.03g of psychotropic drugs, in the office of the Defendant Kimhae-si, a Megatoo (hereinafter referred to as “diphone”) in the manner of drinking in water.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Written appraisal of narcotics;

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

1. Application of Acts and subordinate statutes to criminal records and investigation reports (verification of period of suspension of execution);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [Scope of Recommendation] Medication Type 3 (1 to 3 years) (1 to 3 years), the area of aggravation (1 to 3 years), the area of aggravation (1 to 1 year), [3 years] of the same criminal records (1 to 3 years of suspension of execution] - The circumstances that are disadvantageous: The fact that the criminal records of the same kind of crime (including marijuana-related crimes) are several times, the fact that they are committed during the period of suspension of execution of the same kind of crime (including marijuana-related crimes), the fact that they are committed during the period of suspension of execution of the same kind of crime - The fact that they are led to confession and reflect: The fact that they are committed during the period of suspension of execution