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(영문) 창원지방법원 2013.10.11 2013고단2068
마약류관리에관한법률위반(향정)
Text

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

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

Reasons

Punishment of the crime

[Criminal Power] On February 14, 2013, the Defendant was sentenced to a suspended sentence of two years on June 21, 2013 at the Changwon District Court for a violation of the Game Industry Promotion Act, and the said judgment was finalized on June 21, 2013.

【Criminal Facts】

Defendant is not a narcotics handler.

On December 2, 2012, the Defendant administered approximately 0.03g of psychotropic drugs, in a toilet of “C Hospital,” located in Changwon-si, Changwon-si, Changwon-si, in a cattop, a psychotropic drug, in a catch, in a catch of the funeral hall.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal;

1. Each investigation report (the date and place of the crime, and presumption of facts constituting the crime);

1. Previous convictions indicated in judgment: Criminal records, previous records of disposition and report on results of confirmation, and application of Acts and subordinate statutes concerning investigation reports (Attachment of judgment);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act concerning probation, community service or order to attend lectures;

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (10,000 won for medication once x once);

1. The sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) does not require a sentence to eradicate the Defendant’s scopon medication for the reason of sentencing.

However, a punishment shall be determined by taking into consideration favorable circumstances, such as the fact that the defendant's mistake and reflects the will of the drug division in the future, that the revealed crime is limited to the single simple medication, that there is no previous criminal record of the same kind in the previous, that there is a violation of the Game Industry Promotion Act at the same time as the judgment became final and conclusive, and that the case is subject to

In addition, probation, community service, and order to attend a lecture is required for the purpose of saving narcotics and cultivating sound work consciousness.

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