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(영문) 창원지방법원 진주지원 2017.09.20 2017고단436

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

On December 2, 2016, the Defendant administered approximately 0.03 grams on the C Office located on the second floor, Jinju-si, Jinnam-si, B, in a way that the merpter (one philopon) who is a native mental medicine was melted in water and injected on the left part of the body.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Selection of a person who commits a crime under 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 Act, or a person who is punished by imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act, such as protection and observation, community service, etc.;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Recommendations for the application of the sentencing criteria: No person that has been subject to special sentencing between October and two years (basic areas):

2. The decision of sentencing was made by the defendant prior to the same kind of offense, but the voice reaction in the 2002 sentiment was generated, taking into account all the sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, environment, circumstances of this case, means and results, etc., and the conditions of sentencing specified in the arguments of this case.