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(영문) 창원지방법원 2014.05.23 2014고단129
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

Defendant is not a narcotics handler.

On January 4, 2014, at around 21:00, the Defendant administered approximately 0.03g of psychotropic drugs, in a single-use injection instrument, in a way of inserting approximately 0.03g of psychotropic drugs into his own right arms, and melting them into his own right arms.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes to investigation reports (simplified test reaction);

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., for the Establishment of Relevant Acts and the elective Punishment for Crimes;

2. The crime of this case for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is a case where the defendant administered scopphones, and it is necessary to strictly punish them considering the social harm, etc. caused by narcotics. The defendant not only has the past record of having been punished several times but also has committed the crime of this case during the period of suspension of execution due to the same kind of crime and the violation of the Punishment of Violences, etc. Act (injury to group, deadly weapons, etc.).

However, if this judgment becomes final and conclusive, the Defendant’s confession of the instant crime and reflects the mistake, and the sentence that has been suspended after the suspension of execution should be imposed together until the sentence has been invalidated, and the Defendant’s age, character and conduct, intelligence and environment, motive and background of the instant crime, and circumstances after the instant crime, etc. shall be determined as ordered by the sentence, taking into account various sentencing conditions, such as the following factors.

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