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(영문) 창원지방법원 2015.02.03 2014고단3369
마약류관리에관한법률위반(향정)등
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

1. Around 22:00 on December 1, 2014, the Defendant, who violated the Act on the Control of Narcotics, etc. (fence) administered approximately 0.03g of the psychotropic drugs, in the Defendant’s house of Kimhae-si, Kimhae-si, 504 Dong 1101, a psychotropic drug, by melting approximately 0.03g of the psychotropic drugs into aquatic water.

2. Violation of the Act on the Control of Narcotics, etc.;

A. At around 23:00 on December 1, 2014, the Defendant, at the home of the above Defendant, smoked by inserting about 0.4g g of marijuana on the face and attaching a smoke with a smoke added thereto.

B. At around December 3, 2014, the Defendant kept approximately 23.78gs of marijuana in the inside to smoke at the home of the above Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure;

1. A report on investigation (as to attaching photographs of evidence);

1. The application of Acts and subordinate statutes of the written request for an appraisal, written report on the appraisal (Ⅰ), response to a request for appraisal, and narcotics appraisal report (III);

1. Article 60 (1) 2, Articles 4 (1), 2 subparagraph 3 (b) (the point of a scopon medication) of the Act on the Control of Narcotics, Etc., Article 61 (1) 4 (a) and Article 3 subparagraph 10 (the point of a scoponing marijuana) of the Act on the Control of Narcotics, etc., Article 61 (1) 4 (b) and Article 3 subparagraph 10 (the point of a scoponing marijuana), Article 61 (1) 4 (b) of the Narcotics Control Act

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

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

4. Article 62-2 (1) of the Criminal Act to order probation and lecture attendance;

5. The punishment for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is final according to the aggravation of multiple offenses in the basic area (referring to the scope of recommendations), such as medication, simple possession, etc. of Type 3 (referring to items (b), (c) and (c)), 2 and 3 of the basic area (referring to October to 2), 3 of the Act on the Control of Narcotics, Etc. (referring to the scope of recommendations), medication, simple possession, etc.

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