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(영문) 창원지방법원 2015.07.07 2015고단820

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Criminal facts

On January 25, 2013, the Defendant sentenced 10 months to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court on January 25, 2013, and completed the execution of the sentence in the Common Detention House on May 6, 2013.

On March 30, 2015, the Defendant administered approximately 0.03 g of Mesophical Mesopha (hereinafter “Mesophopon”) at the home of the Defendant, Kimhae-si, 112 Dong 204, Kim Jong-si, 18:00, in a way that the Defendant is not a person handling narcotics.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. A written appraisal;

1. Investigation report (calculated of the market price of the cambatop and additional collection charges);

1. Application of Acts and subordinate statutes concerning criminal records, investigation reports (Attachment of written judgments), and current status of confinement/taking by individual;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommendations] medication, simple possession, etc.: Type 3 (1 to 3 years) (1 to 3 years) of the aggravated area (1 to 3 years), [3 years] of the same criminal records (a person under special circumstance] [a] and a higher ordinary circumstances] - The fact that the person under special circumstance is a crime committed within the period of a same kind of repeated offense, etc. - The fact that the person under special circumstance is a crime committed within the period of a single repeated offense of the same kind, etc. - Other favorable circumstances: the fact that the person is a single simple medication, confession, and reflect