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(영문) 창원지방법원 진주지원 2015.12.23 2015고단1187

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

The defendant is not a person handling narcotics.

1. On May 27, 2014, the Defendant provided approximately 0.06 grams (two-time medication) of psychotropic drugs, at the home of the Defendant, Jinju-si, C Apartment 101 Dong 1102, and offered them to D free of charge.

2. On November 13, 2015, at around 22:00, the Defendant administered approximately 0.06 grams at the Defendant’s home, Kimhae-si 104, by dilutioning approximately 0.06 grams of philophones into drinking water.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of suspect examination of the police about D;

1. Report on the calculation of an additional collection charge (400,000 won), investigation report (Attachment to judgment in related cases); and

1. Application of the Acts and subordinate statutes requesting appraisal, written report on the results of the preliminary test for narcotics, a narcotics appraisal report, and a response to requests for appraisal;

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;

1. Probation under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. The scope of sentence recommended according to the sentencing criteria;

(a) Crimes of violation of the Act on the Control of Narcotics, etc. (Determination of types) due to the provision of phiphonephones shall be punished by imprisonment with prison labor for not less than one year but not more than two years (the scope of recommendations);

(b) Crimes of violation of the Act on the Control of Narcotics, etc. (Determination of types) through the medication of scopon (decision of types) and the medication, simple possession, etc. (b) and (c) of narcotics) (no special form of punishment) (referring to the scope of recommendations) shall be punished by imprisonment with prison labor for not less than 10 months but not more

(c) Imprisonment with prison labor for not less than one year but not more than three years as a result of handling multiple crimes;

2. According to the sentence, the crime of this case in which the defendant provided another person with a philophone that he has kept, and the nature of the crime is good.