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(영문) 창원지방법원 진주지원 2014.07.01 2014고단379

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.

Reasons

Punishment of the crime

[Majority Power] On April 4, 2011, the Defendant was sentenced to six months of imprisonment for a violation of the Act on the Control of Narcotics, etc. at Daejeon District Court, and completed the execution of the above punishment on August 23, 201.

【Criminal Facts】

At around 13:00 on September 15, 2013, the Defendant administered approximately 0.03g of Mee E, which is set up in the D fee parking lot located in Jinju City, in a luxa car, a psychotropic drug-related psychotropic substance, in the canca, in a luxa car.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Investigation report (attached to the results of maternity appraisal);

1. A report on investigation (calculated additional charges);

1. Previous records: Application of criminal records, inquiry reports, investigation reports, and other Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Protection of Narcotics, Etc., and Selection of Imprisonment with prison labor concerning facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

1. Although the reasons for sentencing under the proviso of Article 67 of the Act on the Management of Narcotics, Etc. have favorable conditions, such as the fact that the defendant was committed at the time of and against his own crime, it is inevitable to sentence sentence in light of the fact that the defendant had been already punished several times for the same crime, but the defendant committed another crime during the period of repeated crime again.

However, in consideration of the fact that the defendant reported the owner of a phiphone to the Gyeongnam Provincial Police Agency and was detained by the owner, the defendant actively cooperates in the investigation of narcotics by the investigative agency, such as making a telephone report on the sales of phiphones in the Jinju area, trends and location of the administered persons, etc., the fact that there is a minor's child to support, the health condition of the defendant, etc., the punishment shall be determined as ordered.