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(영문) 창원지방법원 진주지원 2019.06.13 2018고단1579
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

20,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On March 23, 2018, the Defendant purchased psychotropic drugs in the Ccafeteria located in Jinju-si B, a 200,000 won of the philopon purchase from Jinju-si to D, and on the same day, around 22:00 on Jinju-si, the Defendant purchased approximately 0.4 g of the philopon, which is contained in D in D for a single-use injection.

2. At around March 23, 2018, the Defendant administered psychotropic drugs in a way of dilution 0.1g of philophones containing one-time in the conference as described in paragraph (1) with raw water and injection them into left blood cells.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the statement made to D by the police;

1. Details of currency;

1. Application of Acts and subordinate statutes to reports on internal investigation (Evidence Nos. 5 and 8), reports on internal investigation (related to the calculation of prosecutions) and reports on internal investigation by the State and the Council members;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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 Narcotics Control Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Pronouncement)] (Article 1 of the Act on the Control of Narcotics). Medication, simple possession, etc. (Type 3) of narcotics;

Items c) and c.

Title [Special Convicts] None [The area of recommendations and the scope of recommendations] basic area, 10 to 2 years of imprisonment

(b) Class 2 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Punishment)] (Determination of Punishment of Narcotics, etc.]. Trade, good offices, etc. (Type 2] marijuana and perfumes;

Items c) and c.

Measures to mitigate, such as wood, etc. (Special Convicts): Purchase or receipt for medication, simple possession, etc. (the area of recommendation and the scope of recommendation); the area of mitigation; imprisonment between August and June;

(c)the guidelines for multiple crimes;

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