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(영문) 창원지방법원 2013.11.13 2013고단2588

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

1,100,000 won shall be additionally collected from the defendant.

equivalent to the above additional collection.

Reasons

Punishment of the crime

The Defendant is not a narcotics handler.

At around 04:30 on July 1, 2013, the Defendant sold approximately 0.7g of psychotropic drugs to E in the street in the vicinity of Diveel located in Gosung-gun, Chungcheongnam-gun, for approximately 500,000 won.

B. On July 28, 2013, around 19:10, the Defendant sold approximately 0.7 ghon to H in front of G Hospital in Changwon-si F, Changwon-si, and KRW 500,000,000.

C. At around 22:00 on August 24, 2013, the Defendant administered approximately 0.03g of Handphonephones in the self-residential area located in 102 Dong 302, Dong 302, the Gyeong-gun, Jinnam-gun, Gyeongsung-gun, by means of typoning in water.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning H;

1. Statement made by the police to J;

1. Seizure records;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes to each investigation report (as to attachment of evidentiary photographs, a copy of protocol of interrogation of landed E);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) (Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with labor) concerning the facts constituting an offense;

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

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

1. In light of the fact that the defendant's reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order reflects the criminal act while being committed, that the defendant has no criminal history of the same kind, and that the intent of the suspension of narcotics is clarified, it is inevitable to sentence a considerable period of time in light of not only the simple medication of narcotics, but also the fact that not only the sale of narcotics to others is very heavy.

It is so decided as per Disposition for the above reasons.