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(영문) 창원지방법원 2017.04.13 2017고단639

마약류관리에관한법률위반(향정)

Text

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

10,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

On February 28, 2017, at around 17:00, the Defendant administered approximately 0.03g of the Mesophical mental medicine (copon) purchased from the Social Ship D, using drinking water in a way of drinking water.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (referring to a report on the results of preliminary tests on narcotics);

1. Application of statutes on records of seizure and lists of seizure;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1) of the Criminal Procedure Act / [the scope of the recommended sentence] / the mere possession, etc. of medication and simple possession, and there is no person who has a special sentencing [the sentence from October 2] / [the sentence sentencing person] / The crime of narcotics is serious since it directly infringes on public health as well as causes various scarcity crimes in relation to it, and is highly harmful to society as a whole, such as causing various scarcity crimes. Furthermore, if the defendant has already been punished for the same kind of crime (two times a suspended sentence of imprisonment with prison labor, two times a suspended sentence of imprisonment with prison labor). The sentence against the defendant is inevitable.

However, in full view of the fact that the defendant recognized the crime of this case and against the mistake, and other circumstances that form the conditions for sentencing as shown in the records and arguments of this case, such as the defendant's age, sexual conduct, background and motive leading to the crime of this case, and circumstances before and after the crime, etc., the punishment as ordered shall be determined.