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(영문) 창원지방법원 2019.08.28 2019고단1658

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, 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

At around 10:00 on February 12, 2019, the Defendant administered approximately 0.015 g of the psychotropic drugs in the Jindo-Gu Jindo-si B and C, the residence of which is psychotropic drugs, in a way of drinking in water.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes on response to narcotics appraisal;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. [Scope of Recommendation] / The basic area (10 months to 2 years of imprisonment) of Types 3 (2) of the Act on the Control of Narcotics, Etc. / [decision of sentence] of the Act on the Control of Narcotics, etc. / The punishment shall be determined as ordered by taking full account of the Defendant’s age, character and conduct, family relation, frequency and amount of handling phiphones, circumstances surrounding the instant crime, circumstances after the crime, etc.

Unfavorable circumstances: Narcotics-related crimes are crimes that cause degradation to individuals, families, and society as a whole, and require strict countermeasures.

As a result of the defendant's maternity appraisal, the response to the training of phiphones was confirmed in all sections.

The defendant recognizes the crime of this case and does not repeat the same mistake.

The defendant has no record of being punished for the same crime, and has no record of being punished in excess of a fine.