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(영문) 창원지방법원 통영지원 2013.07.26 2013고단465
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

"2013 Highest 465"

1. Despite the fact that the Defendant is not a narcotics handler, around June 21, 2013, the Defendant administered approximately 0.03 grams of psychotropic drugs, which were acquired through an instituous means at the D parking lot near the D parking lot located in C at Sacc on June 18, 2013, by dilution them with drinking water.

"2013 Highest 539"

2. Notwithstanding that the Defendant is not a person handling narcotics, around April 21, 2013, the Defendant administered approximately 0.03g of approximately 0.03g of psychotropic drugs, which are psychotropic drugs supplied by G free of charge at the F’s residence located in Sacheon-si, Sacheon-si, in a way that he/she injecteds approximately 0.03g of approximately 0.09g in a single-use bluscopon, into his/her right-hand blus, and in a way that he/she injecteds them into the bluscoper in the

3. Notwithstanding that the Defendant is not a person handling narcotics, the Defendant provided approximately 0.03 grams of opphonephones at the time, place, etc. described in paragraph 2 in a way that they are administered to F as a single-use injection machine.

4. Notwithstanding that the Defendant is not a person handling narcotics, at around 18:00 on May 7, 2013, the Defendant administered approximately 0.03 grams of philophones by dilution them with drinking water at the Defendant’s residence located in Sacheon-si H.

Summary of Evidence

1. Defendant's legal statement;

1. A criminal investigation report (calculated and reported on an additional collection charge);

1. The application of Acts and subordinate statutes to each request for appraisal;

1. Selection of Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., and the Selection of Imprisonment with prison labor for each crime under the relevant Act;

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

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Probation under Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Narcotics Control Act;

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

1. According to the sentencing guidelines of Article 334(1) of the Criminal Procedure Act, the reason for sentencing of the provisional payment order is as follows.

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