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(영문) 창원지방법원 진주지원 2014.12.19 2014고단1045

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

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On August 13, 2014, the Defendant administered approximately 0.03 g of psychotropic drugs at a knife park, a knife, male toilet in Jinju-si, Jinju-si, in a way of clifeing them to the knife.m. (one penphone).

2. At around 18:00 on September 20, 2014, the Defendant administered approximately 0.03 g of the Metepia in the same manner as the above 1.1 in the same place as the above 1.

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. Requests for each appraisal;

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

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., concerning the relevant criminal facts and the Selection of Punishment;

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

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

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, Etc.;

1. The crime of this case for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. shall be determined as ordered in consideration of all the circumstances, including the fact that the defendant has administered psychotropic drugs two times, and that the defendant is under the time of committing a crime, the fact that the defendant has no record of committing a crime, the fact that the defendant has voluntarily surrendered to the investigative agency, the defendant has no record of committing a crime, other character, conduct and environment of the defendant, the background and result of the crime of this case, and the circumstances after the crime, etc., and