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(영문) 창원지방법원 밀양지원 2016.05.04 2016고단54

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On September 30, 2015, the Defendant: (a) received approximately KRW 0.1g of Meata, a local mental medicine medicine, from her native E, from her native-dong B on a bridge at the entrance entrance of D located in Military C, rather than around 21:00; and (b) received approximately KRW 0.1g of Meata.

2. The Defendant administered 21:30 on the same day, the Defendant, who was enrolled in F of the Defendant’s dwelling located in F of the Republic of Korea, in the same manner as in the preceding paragraph, with approximately KRW 0.1g of the Meart ambamin, which was purchased in the same manner as in the instant paragraph, on the Meeter.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each police suspect interrogation protocol regarding E;

1. Application of Acts and subordinate statutes on narcotics appraisal;

1. Relevant legal provisions and Articles 60(1)2, 4(1) and 2 subparag. 3(b) of the Act on the Management of Narcotics, Etc., for the Prevention of Criminal Facts, and Selection of Imprisonment with prison labor for each of the following:

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

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Strict punishment against the defendant is required in light of the reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., which is not good for the crime of this case.

However, the defendant's mistake is divided, the defendant has the same criminal record, but has long been about 16 years ago, the defendant is also sentenced to protection observation and community service order along with the suspension of the execution of imprisonment with prison labor, and the defendant's age, sex and environment, motive, means and result of the crime, and the circumstances of the punishment specified in the arguments of this case, such as the crime, shall be determined as the order in consideration of the sentencing conditions specified in the arguments of this case.