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(영문) 창원지방법원 2017.08.11 2017고단368
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Case of Criminal Records] The judgment of the Changwon District Court on March 30, 2017 that violated the Act on the Control of Narcotics, Etc., which was declared as of March 30: Imprisonment with prison labor for one year and six months: the final judgment on June 15, 2017 / [criminal facts] Notwithstanding that the Defendant is not a narcotics handler, the Defendant provided narcotics, etc. by delivering approximately 0.03g of the Memp car, which is a local mental medicine, to E, from the Defendant’s DNA car parked on the roads of Sungwon-gu, Changwon-gu, Changwon-si, Changwon-si, Seoul, about April 30, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the witness E’s legal statement statutes;

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Selection of and Management of Narcotics, Etc. for Crimes (Punishments of Imprisonment)

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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. proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection [10,000 won for one philopon (per 0.03g) price];

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Punishment of Article 186 of the Criminal Procedure Act (Amounting to 407,800 won = Amounting to 407,800 won = Amounting to 300,00 won for national defense counsel basic fees of KRW 57,800 for travel expenses and daily amounting to 50,000 for witness E of KRW 30,00 for a witness: Imprisonment with prison labor for one year: Imprisonment for a period of 1 year/ suspended sentence; three years for protection; three years; protection observation; reason for an increase of 40 hours for a person to attend: (a) reduction of the liability for the crime of providing narcotics; (b) exemption from the liability for the crime of providing narcotics; and (c) the necessity for protection and management of the crimes of narcotics, etc. after Article 37 of the Criminal Act;

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