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(영문) 창원지방법원 2014.04.15 2014고단449

마약류관리에관한법률위반(향정)

Text

1. The defendant shall be punished by imprisonment with prison labor for a year and two months;

2. Provided, That the above sentence shall be executed for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On November 1, 2013, the Defendant sold approximately KRW 0.03g of psychotropic drugs to E at a D restaurant located in Gyeongnam-gun, not around 18:00, and sold them to E, approximately KRW 0.03g of psychotropic drugs (hereinafter “clophone”).

2. On February 10, 2014, the Defendant, at around 14:00, injected approximately 0.03g of philopon from male toilets in the F apartment management office of F apartment-gun, instead of innam-gun, in a single-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-based-use-based-use-based

3. On February 10, 2014, the Defendant, at the entrance of Hmotour G, 307, at around 15:00 around 15:0, kept a penphone of 0.49g in total, which was put into a single-use and paper, on the left side, and carried with the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Second police suspect interrogation protocol regarding E;

1. Each request for appraisal;

1. Each seizure protocol, investigation report (Attachment of evidence photographs), application of photographic Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 and Article 2 of the Act on the Management of Narcotics, Etc. (the trade of philopon, medication and possession of philopon), the choice of imprisonment for a 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. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

6. The reason for sentencing of the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is that the defendant has already been under the suspension of execution for the same kind of crime, so there is a lot of need for a sentence to cease the existence of the defendant's narcotics

However, the previous conviction was 12 years ago, and the defendant's mistake was recognized to reflect his depth in prison life for about two months, and the defendant and his family want the opportunity for rehabilitation by disclosing the will of drug suspension in the future.