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(영문) 창원지방법원 2013.10.22 2013고단1406

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

Defendant is not a narcotics handler.

On March 8, 2013, at around 19:30, the Defendant administered approximately 0.03 g of psychotropic drugs in the F Costaex vehicle operated by the Defendant, who was parked in the front of E in Kimhae-si, Kim Jong-si, by a means of drinking in water, approximately 0.03g of psychotropic drugs.

Summary of Evidence

1. Defendant's legal statement;

1. A report on a request for appraisal and an additional report on a request for appraisal;

1. Application of seizure records to 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 labor concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation, community service or order to attend lectures under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (10,000 won for medication once x once);

1. In order to cease the existence of the defendant's narcotics for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, there is a lot of need for a sentence to be sentenced.

However, the execution of a sentence shall be suspended only once, in consideration of the fact that the defendant's mistake is against the depth and that the revealed crime is limited to one simple medication, that cooperates in the control of the relevant case during the investigation process, that the defendant and his family members want the opportunity for rehabilitation by disclosing the will of suspension of narcotics in the future.

In addition, probation, community service, and lecture attendance order are added to the purpose of saving narcotics and cultivating sound will to work.

It is so decided as per Disposition for the above reasons.