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(영문) 창원지방법원 밀양지원 2014.10.02 2014고단269

마약류관리에관한법률위반(향정)등

Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 08:00 on July 9, 2014, the Defendant, who violated the Act on the Control of Narcotics, etc. (flavoring), injected approximately 0.03g of psychotropic drugs, into a single-use injection machine, and administered them by inserting them into a single-use injection machine, at the mutual incompeting cambling in around 08:0 on July 9, 2014, even though he is not a person handling narcotics.

2. Intrusion upon residence;

A. On July 9, 2014, at around 11:15, the Defendant entered the said house through an open gate to the victim E, who was in the Republic of Korea, and infringed on the victim’s residence.

B. On July 9, 2014, around 11:35, the Defendant: (a) entered the victim F’s house located in Gyeong-gun, Sinnam-gun, and entered the victim’s residence to a small room; and (b) invaded upon the victim’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement concerning E and F;

1. A written request for appraisal;

1. Each protocol of seizure and the list of seizure;

1. Each report on investigation;

1. Application of statutes on site photographs;

1. Article 60 (1) 2, Article 4 (1), and Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. (the selection of a fine and the occupation of a fine) concerning the crime, Article 319 (1) of the Criminal Act (the occupation of intrusion upon residence and the selection of a fine);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 67 of the Act on the Control of Narcotics;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant committed the crime of this case again during the period of suspension of execution due to the same crime, and that the defendant had the same power as the defendant several times, there is a significant need to punish the defendant. On the other hand, the defendant confessions the crime of this case, and is against his mistake in depth through the life close to three months, the number of times the defendant administered narcotics is limited to one time, and the treatment of drug addiction is provided.