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(영문) 창원지방법원 통영지원 2013.08.13 2013고단549

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 of the final judgment.

Reasons

Punishment of the crime

Notwithstanding that the Defendant is not a person handling narcotics, at the house of the Defendant located in Sacheon City C building 1, No. 203,

1. On June 2, 2013, at around 17:00, a psychotropic drug camponis (one camopon (one camopon) is dilutiond with water, and is administered in a math method after dilution with water;

2. Medication, around 20:00 on June 14, 2013, by means of injecting approximately 0.03g of Meptamins into the left arms with disposable injection equipment after dilution them into water;

3. Medication, at around 20:00 on July 2, 2013, in a manner of injecting approximately 0.03 g of Metepia campia with a disposable injection using a disposable injection device, after dilution with water;

4. Around 05:00 on July 9, 2013, approximately 0.03 Metropia camba dacta dacta dacta dacta dacta dacta dacta, and dacta

Summary of Evidence

1. Defendant's legal statement;

1. Each explanatory note (one copy of an explanatory note);

1. Application of Acts and subordinate statutes to a criminal investigation report (report on the current market price of Metampers);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. According to the sentencing guidelines for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., the defendant shall be recommended to be sentenced to 10 to 2 years of imprisonment (not to be specially sentenced). The necessity of regulating narcotics, etc. shall be considered as the grounds for sentencing disadvantageous to the defendant.

On the other hand, considering the fact that the defendant is against the defendant and is not guilty, and that there is no criminal record of the same kind of crime, the sentencing factors favorable to the defendant shall be considered.

In addition, the sentencing factors of the defendant, such as the frequency of medication, age, family relationship, etc., shall be determined in the same manner as the order.