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(영문) 창원지방법원 2012.12.27 2012고단3122
마약류관리에관한법률위반(향정)
Text

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

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On November 15, 2004, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (at night group, deadly weapons, etc.), and on July 8, 2005, the above judgment became final and conclusive on July 8, 2005. However, on September 3, 2007, the above suspended sentence was revoked, and on September 3, 2007, the Defendant was released on September 30, 2009 and the parole period was expired on February 4, 2010.

[2012 Height3122]

1. Around 22:00 on October 1, 2012, the Defendant administered 0.03g of psychotropic drugs by means of drinking in a cambane 306 room in Busan, Seo-gu, Busan, in a way that the Defendant is not a person handling narcotics.

[2012 Height3622]

2. Even if the Defendant is not a person handling narcotics, on March 23, 2012, around 23:00, the Defendant is deemed to be a psychotropic drug under the name of the Metrotopian (i.e., cl., cl., cl., cl., c., c., c., c.

) The scopon administered a scopon by melting the scopic volume into aquatic water. Summary of the evidence [2012 Highest 3122]

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Requests for appraisal;

1. Investigative report (calculated of additional collection charges), monthly trend of narcotics (201st class 3622);

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Protocols of seizure, list of seizure, requests for appraisal, reports on requests for appraisal;

1. Report on investigation (calculated additional charges): Criminal records, investigation reports (verification of the expiration date of punishment), personal identification records, court rulings, report on performance of social service and investigation reports (attached to a written confirmation of performance of social service and a written decision of cancellation of suspension of execution) shall be applied;

1. Article 60(1)3, Article 4(1), and Article 2 Subparag. 4(b) of the Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 2011; hereinafter the same shall apply) concerning criminal facts and the selection of a sentence, Article 60(1)2, Article 4(1)1, and Article 2 of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201);

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