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(영문) 창원지방법원 진주지원 2018.10.23 2018고단1021

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of a sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

(b) the defendant;

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. The purchase and medication of drugs for the psychotropic spirit on July 13, 2018;

A. On July 13, 2018, at around 20:00, the Defendant purchased approximately KRW 0.03g of 10,000,000, a local mental medicine flapped in white paper E, which is a local mental medicine packageed from the society-oriented flapped flapped from Jinju-si, Jin-si.

B. At the time stated in paragraph (1), the Defendant administered the Froon 0.03g g of the penphone purchased from E on the vehicle, as described above, in a way that can be cut to a coffee.

2. Purchasing and administering medicine on August 7, 2018;

A. On August 7, 2018, around 22:00, the Defendant purchased approximately KRW 0.03g 10,000,000 on a penphone packed from E in white paper on the alleyway near D in Jinju-si, as described in paragraph 1.

B. At the time set forth in the above paragraph (a), the Defendant administered 0.03g grophones purchased from E from the vehicle, such as the above written, in a can and coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with respect to G (tentative name);

1. Police seizure records;

1. A report on investigation (related to the calculation of an additional collection charge);

1. The application of Acts and subordinate statutes to the legal fictional appraisal report and maternity appraisal report;

1. Articles 60 (1) 2 and 4 (1) 1 of the Act on the Control of Narcotics, etc. under the relevant Act on Criminal Facts, and selection of a sentence to 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. - Unfavorable circumstances: Defect of the nature of the crime, repetition of the same kind of crime - favorable circumstances: A confession of the crime, reflectivity, and detention of the defendant is difficult to