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(영문) 창원지방법원 마산지원 2017.12.08 2017고단1053
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On March 9, 2016, the Defendant was sentenced to a suspended sentence of three years on March 17, 2016 for a crime of violation of the Narcotics Control Act in the Changwon District Court's Masan Branch, and the said judgment became final and conclusive on March 17, 2016, but the said suspended sentence was revoked on September 27, 2017.

Defendant is not a narcotics handler.

On March 2017, the Defendant administered 0.03g, which is a psychotropic medicine, to a coffee, within the small room of the Defendant’s house located in Changwon-si Mapo-si, Changwon-si, Changwon-si, the Defendant administered 0.03g of a single psychotropic medicine (hereinafter “one philopon”).

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on narcotics appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (the calculation of an additional collection charge);

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 Article 60 of the same Act concerning facts constituting an offense (or choice of imprisonment);

1. Sentencing guidelines for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.: The criminal defendant committed the instant crime at a time when the defendant was sentenced to a suspended sentence for the same kind of crime, for which the lower limit of one year was sentenced to imprisonment (the same criminal record as before a suspended sentence of not more than three years) was aggravated.

However, the sentence shall be determined as per the order in consideration of the fact that the error is recognized and reflected, the circumstances of the crime, health status, family relationship, etc.

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