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(영문) 창원지방법원 마산지원 2013.03.13 2013고단34

마약류관리에관한법률위반(향정)

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A

A. Even if the Defendant is not a person handling narcotics, the Defendant, at the office of the Defendant’s office located in Changwon-si Office No. 103 of the 15th floor of Changwon-si, Changwon-si, Masamina, administered a medication of approximately 0.03g of the psychotropic drugs per diculc into a coffee, in a dilution manner.

B. On July 2012, the Defendant administered approximately 0.03g of the Mesamina for a single medication at the same place as the above paragraph (1) in the same manner as the foregoing paragraph (1), at the same time as the foregoing paragraph (1).

C. At around 21:00 on December 3, 2012, the Defendant issued to B in a de facto marital relationship, without compensation, approximately 0.03g of the Mesamina for the purpose of administering the Mesamina in a de facto marital relationship with his/her female, and administered them by dilutioning about 0.03g of the Mesamina in a coffee for the purpose of administering the Mesamina.

2. Defendant B is the date, time, place, and the above Section 1(C).

As set forth in paragraph A, approximately 0.03g of the Mesamina, delivered free of charge by A, was dilution into coffee and administered in a Mesa.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the interrogation of the Defendants by the prosecution

1. Each request for appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (report on calculation of value for collection);

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. (the selection of each imprisonment with prison labor) concerning criminal facts under the relevant Act;

1. The former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant A);

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

1. Probation and order to attend a course under Article 62-2 of the Criminal Act;

1. In light of the fact that the Defendants’ sentencing grounds under the proviso of Article 67 of the Act on the Control of Narcotics, etc. are detected in the conspiracy of the Defendants, it is reasonable to strictly punish the Defendants.

However, the defendants are in depth divided into them, and the defendants are in the case of the defendants.