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(영문) 창원지방법원 진주지원 2017.01.17 2016고단1168
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 23, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Narcotics Control Act, and two years of suspended execution, and the judgment became final and conclusive on December 31, 2015, and is still under suspended execution.

On August 1, 2016, at around 23:00, the Defendant administered approximately 0.03g of Memphere ambacule (one philopon) which is a local mental medicine that was delivered free of charge from D’ on the same day at the residence of the Defendant located in Sinnam-gun, Cheongnam-gun, Busan, by drinking drinking water, at around 17:00.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on narcotics appraisal;

1. Investigation report (report on market price and calculation of additional collection charges), and monthly trend of narcotics;

1. Previous convictions: Inquiry about criminal history and application of Acts and subordinate statutes on judgment;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is not appropriate in that the crime is committed during the period of suspension of execution and surveillance for the same kind of crime, as indicated in the reasoning of the sentencing. However, in the sense that the Defendant has taken the responsibility for the charge of the crime of medication, he/she must be punished by a fine as indicated in its reasoning, taking into account the fact that he/she was able to find a protective observation station on August 2, 2016, which is the day following the date of medication and immediately after the same day, by stating the fact of medication.

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