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(영문) 창원지방법원 통영지원 2013.05.07 2013고단145

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than eight months.

No. 15 shall be forfeited.

90,000 won shall be additionally collected from the defendant.

3.2

Reasons

Punishment of the crime

A person other than a person handling narcotics is prohibited from administering or providing psychotropic drugs, although he or she is not aware of such conduct;

1. On April 2012, the Defendant injecteds trees using a disposable injection device after dilution 0.06 grams into water at the office of the Defendant of the building near the D apartment entrance at the time of 20:00, the Defendant injecteds cryp 0.06g of cryp cryp.

2. On October 16, 2012, on the first day, around 16:00, f.m., in a non-f.m., the Defendant’s driver’s vehicle parked on a non-f.m. road of Changwon-si E (hereinafter referred to as the “non-f.m.”), in water-dilution with 0.03g of Metepia C.m., in a non-f.m. car; injection of trees using a

3. On February 18, 2013, through a 14th national road set forth in the luminous map at Czeyoung on February 18, 2013, in which the mert 0.1gg of mert ambamins in the Gstren car of the Defendant’s driver who stops on the side-way, is dumped into water, and is influent trees using a disposable injection device;

4. The date, time, and place set forth in paragraph 1 above, provided H 0.03 g of Meteampia and 0.06 g of Metepia to H, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol concerning the examination of suspects by the prosecution against I;

1. The application of each request for appraisal, response to further requests for appraisal; and

1. Article 60 (1) 2 and Article 4 (1) and subparagraph 3 of Article 2 of the Act on the Control of Narcotics, Etc. and Selection of Imprisonment with prison labor for the crime;

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Narcotics Control Act;

1. According to the sentencing guidelines under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the defendant is recommended to be sentenced to 8 months to 2 years from 8 to 3 months from imprisonment. [Recognition of "material investigation cooperation" as the grounds for special mitigation, and mitigation area of "Type 2, such as sale, good offices, etc." as to the crime No. 4 in the judgment.