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(영문) 창원지방법원 2015.09.24 2015고단1978

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

Criminal facts

The defendant is not a person handling narcotics.

1. Around 16:40 on April 5, 2015, the Defendant administered the psychotropic drugs in a lodging room in Jinju-si D, in a manner that inhales a psychotropic drug-related Meba (YBA) 1, a psychotropic drug-related Mebamin, in a manner that inhales the smoke of an aropolying heat by spreading it above the psychotropic drug-related Meba (YBA).

2. On April 5, 2015, around 20:30 on April 5, 2015, the Defendant received one vote from D and received it from D at the accommodation of the above D company.

3. On April 12, 2015, around 13:30, the Defendant purchased 300,000 won in return for the fact that the Defendant had been under the 5-thobba from D and was under the 5-thobag from D.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E by the prosecution;

1. Statement by the prosecution concerning D;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

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 each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act;

1. For the reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc., Type 1 (Scope of Recommendation), Act on the Control of Narcotics, Etc. (Scope of Recommendation), Article 67 (Scope of Punishment), Article 67 (Scope of Punishment), Article 67 (b) and (c) of the Act on the Control of Narcotics, Etc.), Article 2 of the Act on the Control of Additional Collection of Narcotics, which has no basic area (1 to 2 years) (1 to 2 years) (2) (the scope of Recommendation), such as the sale and purchase, good offices, etc. (1 to 12 years), Article 3 of the Act on the Control of Narcotics, etc. (10 to 2 years), Article 3 of the Act on the Control of Additional Collection of Narcotics, etc.) (2 of the Act on the Punishment of Additional Collection of Narcotics, etc.) (1 to 12 years of imprisonment, 2 years of suspended execution (2 years (2 years of imprisonment, the details and frequency of criminal conduct, and the same type of punishment).