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(영문) 창원지방법원 2013.08.30 2013고단1912
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

400,000 won shall be additionally collected from the defendant.

equivalent to the above additional collection.

Reasons

Punishment of the crime

The Defendant is not a narcotics handler.

At around 08:30 on February 23, 2012, the Defendant sold approximately 0.06g of psychotropic drugs to E, in the first male toilet of D Hospital in Jinhae-si, Changwon-si, Jinwon-si, for approximately 200,000,000 won.

B. At around 18:00 on June 29, 2013, the Defendant administered approximately 0.09g of philopon on two occasions in the Defendant’s residence located in F of the window for Changwon-si, Changwon-si, and in a manner of drinking the philopon on the blopon on the flopon on

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal;

1. Application of the Acts and subordinate statutes of investigation report (excluding a case for entry, and a copy of the G investigation document);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) (Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with labor) concerning the facts constituting an offense;

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

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection (200,000 won for two times a sale price of 200,000 won for two times, (100,000 won x two times);

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is against the defendant while committing a crime, and even if considering favorable consideration of the fact that the defendant expressed his intention to suspend narcotics, it is inevitable to sentence a considerable period of time in light of the following: (a) even though he had been punished as a narcotics crime in 198 and 2010, he committed each of the instant crimes; (b) in addition, even if he had the record of being punished as a narcotics crime, he committed each of the instant crimes; and (c) the fact that the responsibility for such crime is heavy; and (d

It is so decided as per Disposition for the above reasons.

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