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(영문) 창원지방법원 2012.12.27 2012고단3108
마약류관리에관한법률위반(향정)
Text

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

Seized evidence No. 1 shall be confiscated.

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

Reasons

Punishment of the crime

On July 24, 2009, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court on July 24, 2009 and completed the execution of the sentence at the Busan Detention Center on February 2, 2010.

1. On October 3, 2012, the Defendant, even if not a person handling narcotics, administered approximately 0.03g of mert cams in the public toilets attached to the Busan High-gu Ctel, Busan High-gu, in a way of inserting approximately 0.03g of mert cams in a disposable injection machine and melting them into the left arms.

2. On October 14, 2012, the Defendant: (a) parked in front of the window of Changwon-si around 14:00 on October 4, 2012; (b) stored approximately 0.06 g of mert Tampers in a disposable injection machine; and (c) kept them in a storage place for cremation.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Seizure records and photographs;

1. Notification of the results of appraisal of narcotics, etc. (for disposable divers, urine);

1. An investigation report (calculated on an additional collection charge), and a monthly trend of narcotics;

1. Previous records: Criminal records, summary records of case agreement assistance, court rulings, investigation reports, application of Acts and subordinate statutes governing confinement;

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 Relevant Acts concerning criminal facts;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is not only four times the criminal records of the same kind, but also the criminal records of each of the crimes of this case during the period of repeated crime for the same kind of crime, in light of the fact that the sentence of sentence is inevitable, but the sentence of sentence is inevitable. However, the defendant is committed when all of the crimes are committed and divided, the defendant has an important investigative cooperation, the defendant has been detained, and the defendant shows a voluntary and active intention of suspension; and

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