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(영문) 창원지방법원 2014.12.09 2014고단2155

마약류관리에관한법률위반(향정)등

Text

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

2. Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. The Defendant violated the Act on the Control of Narcotics, etc. (flavoring) contained approximately 0.03g of psychotropic drugs in the first place of the Dong Saemaul Undong Community Depository located in Kimhae-si on December 12, 2013 and administered them in a way that they contain approximately 0.03g of psychotropic drugs in a single-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-of-use-use-use-use-use-go

2. Around 20:00 on February 23, 2014, the Defendant violated the Act on the Control of Narcotics, etc. (mariju) smoked in a Dribe towing vehicle that stops near the ean ICT located on the surface of the Kim Sea, by inserting the beginning of one smoke of the tobacco on the spot and inserting a fire into the ero-mari in a smoke.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E by the prosecution;

1. Seizure records, respective expert opinions, application of court rulings and other statutes;

1. Article 60 (1) 2, Articles 4 (1), and 2 subparagraph 3 (b) (the point of a scopon medication) of the Act on the Control of Narcotics, Etc., Article 61 (1) 4 (a), and Article 3 subparagraph 10 (the point of a smoking marijuana) of the Act on the Control of Narcotics, Etc., and the choice of imprisonment for the crime, respectively;

2. Articles 52 (1) and 55 (1) 3 of the Criminal Act for the mitigation of self-denunciation [Article 52 (1) and 55 (1) 3 of the Narcotics Control Act];

3. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

4. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

5. Article 62-2 (1) of the Criminal Act to order probation and lecture attendance;

6. For the reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc., the scope of final sentence due to the aggravation of multiple self-denunciations by the mitigation area (6 to 16 months), the mitigation area (6 months from 6 months to 6 months), the mitigation area (6 months from 6 months), the mitigation area (6 months from 6 months), the mitigation area (6 months from 6 months from 6 months and 1 year ) of Type 2 (the recommendation area), the basic area (8 years from 8 months to 1 year and 16 months from 8 months from 100) of Types 2 (ma), the medication, simple possession