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(영문) 창원지방법원 2016.01.21 2015고단3002

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On October 13, 2015, the Defendant was sentenced to one year and six months of imprisonment with prison labor and two years of suspended execution, and the judgment on October 21, 2015 became final and conclusive on October 21, 2015, for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) at the Changwon District Court.

1. On September 12, 2015, the Defendant: (a) put about 0.03g of Mesophical drugs (hereinafter “philopon”) into a single-use injection machine; and (b) injected the mecopon into a single-use injection machine at the office of the Defendant, Kimhae-si, 102 Dong 1106, and 1106, the Defendant injected the mecopon.

2. On September 13, 2015, around 07:00, the Defendant administered approximately 0.03 g of philopon at the home of the above Defendant’s office in the above manner.

Summary of Evidence

1. Statement by the defendant in court;

1. Response to a request for appraisal;

1. Investigation report (verification of the current market price of mert cancers);

1. Inquiry about criminal history, reporting on the results of previous convictions and reporting on the results thereof, and the application of Acts and subordinate statutes to such reporting (Attachment to judgment);

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. under the relevant Act on criminal facts;

1. Selection of each sentence of imprisonment;

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

1. The first sentence of Article 39 (1) of the Criminal Act concerning the treatment of concurrent crimes: Provided, That the first sentence of Article 37 (1);

1. Article 62 (1) of the Criminal Act on the suspension of execution (see, e.g., Supreme Court Decision 62 (1)

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