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(영문) 창원지방법원 2014.09.04 2014고단1780 (1)

마약류관리에관한법률위반(향정)

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1. The defendant shall be punished by imprisonment with prison labor for not more than two months and by imprisonment for not more than eight months with prison labor for the crimes of No. 3 as indicated in the judgment of the court below.

2...

Reasons

Punishment of the crime

On June 20, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at Busan District Court on June 20, 2013, and the said judgment became final and conclusive on June 28, 2013, and completed the execution of the said punishment on September 4, 2013

Defendant is not a narcotics handler.

1. Around May 19, 2012, the Defendant remitted the purchase price of KRW 700,000 to the head of the Tong used by C (hereinafter referred to as “copon”), which was KRW 700,000,000, to the head of the Tong used by C:

5.20.Around the 20th day of Busan Dong-dong, an envelope consisting of approximately 2.1g of a penphone from C in the street near the Busan Dong-dong.

2. On June 24, 2012, the Defendant received and accepted bags containing approximately 0.3g of philopon from C at the bottom of the coffee board in front of the Buddhist elementary school located in Daegu Suwon-gu.

3. On June 20, 2014, around 11:00, the Defendant administered approximately 0.03g of oponon in the hospital hospital 1103 located in Nam-gu, Busan, by inserting it into a single-use injection machine, and melting it into the next right arms.

Summary of Evidence

1. Defendant's legal statement;

1. Second prosecutor's interrogation protocol regarding C;

1. A seizure record and an appraisal report;

1. Previous convictions indicated in judgment: Criminal records, current status of personal identification and confinement, summary agreement assistance meetings of consolidated cases, investigation reports (related to attachment of judgment A by a reference witness);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 and Article 2 of the Act on the Management of Narcotics, Etc. (the purchase, delivery, receipt, and medication of philopon) concerning the facts constituting an offense, and the choice of imprisonment with prison labor, respectively;

2. Article 35 of the Criminal Act among repeated crimes (Article 35 of the Criminal Act)

3. Article 52(1) and Article 55(1)3 of the Criminal Act for mitigation of self-denunciation (as to the crimes of Articles 1 and 55(1)3 of the Criminal Act)

4. The latter part of Articles 37 and 39 (1) of the Criminal Act (the crimes of subparagraphs 1 and 2 above and the crimes of violation of the Act on the Control of Narcotics, etc., for which judgment has become final) concerning concurrent crimes;

5. Of concurrent crimes, the first sentence of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall be applicable.