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(영문) 창원지방법원 2019.06.12 2019고단262

마약류관리에관한법률위반(향정)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, around October 24, 2018, the Defendant administered narcotics by dilution 0.03g of psychotropic drugs, in his/her residence, from Kimhae apartment and Daho toilet, the psychotropic drugs, with a single-use injection device, and administered them by means of injecting them into the sprink. < Amended by Act No. 1501, Oct. 24, 2018>

Summary of Evidence

1. Statement by the defendant in court;

1. To apply Acts and subordinate statutes to an investigation report (as a result of the appraisal of seized articles - a narcotic appraisal report attached), a narcotics appraisal report, and an investigation report (calculated additional charges);

1. Relevant Acts of crime and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Selection of Narcotics, Etc.;

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act for mitigation of self-denunciation;

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

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentence as ordered shall be determined by taking into account all the various circumstances that form the conditions for sentencing specified in the instant case, such as the age, character and conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime.

Unless the defendant is aware of the crime of this case even during the period of repeated crime due to the same crime, the circumstances favorable to the defendant, such as the possibility of criticism against the defendant: seems to be against the treatment of the defendant; the crime of this case itself is limited to only a simple medication; the defendant voluntarily cooperates with the investigative agency in the investigation process, such as self-denunciation of the crime and collecting evidence; his family members, etc.