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(영문) 창원지방법원 2012.12.07 2012고단2513

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On August 6, 2010, the Defendant was sentenced to two years of suspension of the execution on June of imprisonment with prison labor for violating the Act on the Punishment of Sexual Crimes and Protection of Victims (Ameras, Use and Screening of Cameras, etc.) in the Busan District Court's Dong Branch Branch.

At around 19:00 on April 15, 2012, the Defendant, despite that he is not a person handling narcotics, administered them by dilutioning approximately 0.03 g of psychotropic drugs, Mespiles (one philopon) in the CMobur’s Mobur care room located in Kimhae-si, Kimhae-si, by drinking water.

Summary of Evidence

1. Defendant's legal statement;

1. Spice testing photographs (number 9), and the table of request for appraisal (number 13, 17);

1. Investigation report (No. 26 No.);

1. Previous convictions in judgment: Application of Acts and subordinate statutes of criminal records and investigation reports (No. 18, No. 19);

1. Article 60 (1) 3 and Article 4 (1) and subparagraph 4 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply) on criminal facts and the selection of a sentence for the crime;

1. The criminal defendant shall be sentenced to a punishment in consideration of the fact that the crime of this case is committed during the period of probation for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics

The suspension of the execution of a punishment as ordered shall be determined by taking into account the fact that it is recognized as the time of a crime and is against the law, that there is no same power, and that the execution of the execution of a punishment becomes null and void, etc.