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(영문) 창원지방법원 2014.10.28 2014고단1811

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. On May 23, 2014, the Defendant violated the Act on the Control of Narcotics, etc. (mariju) and smoked in the manner of smoking by inserting the smoke of one cigarette on the street B in front of Kimhae-si, Kim Jong-si, and inserting the 1g of marijuana on the spot and attaching the fire to it.

2. The Defendant in violation of the Act on the Control of Narcotics, etc. (flavoring) injected approximately 0.03g of psychotropic drugs, in a single-use injection machine, in the same time and place as set forth in the preceding paragraph, and injected them by means of injecting approximately 0.03g of psychotropic drugs into the left arms after they are melting them by a single-use injection machine.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a written appraisal, a report on investigation (Attachment of photographs), and a suspect photograph;

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

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

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

5. For the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., the punishment for the crimes in Type 1 [the scope of recommendations] and Part 2 of the Basic Area (10 to 2 years) of Types 3 (the scope of recommendations] including medication, simple possession, etc. [the scope of recommendations], the scope of final sentence due to the addition of multiple crimes in the basic area (8 to 16 months), the basic area (8 to 16 months), such as marijuana and 10 to 29 months (the determination of a sentence], in light of the fact that there is a significant social harm caused by toxicity among narcotics, etc., the liability for such crimes is not easy.

However, there is no history of punishment for the same kind of crime, and there is no criminal record exceeding the fine.