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(영문) 창원지방법원 진주지원 2013.06.25 2013고단479
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized merpists 0.54g (No. 2) shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On September 1, 201, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court on September 1, 201, and completed the execution of the sentence on August 21, 2012.

【Criminal Facts】

Defendant is not a narcotics handler.

1. At around 22:30 on April 13, 2013, the Defendant purchased at least KRW 500,000 a vinyl paper containing approximately 0.57gg of psychotropic drugs, from a person who is infinite on the street side of the DNA set in Jinju-si, Jinju-si, the Defendant purchased at KRW 50,00 a vinyl paper containing approximately 0.57g of psychotropic drugs.

2. At around 17:00 on April 16, 2013, the Defendant injected approximately 0.03g of phiphonephones purchased in Gyeongnam-gun E with the foregoing paragraph (1) in a way of dilutioning the aquatic products into her right hand hand, etc. using a disposable injection device.

3. On April 17, 2013, the Defendant possessed approximately 0.54g of philophones administered and remaining 0.57g of philophones, as described in the foregoing paragraph (1) and paragraph (2), from among the dates and time, and at the place, until the charge of philophones is discovered.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Each written appraisal;

1. Photographs of the collection process, such as urine;

1. Criminal records, previous records of dispositions, and reports on results of confirmation, current status of confinement/taking by individual, and application of each statute of a judgment;

1. Relevant Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., for the sake of criminal facts and the selection of a sentence;

1. Article 35 of the Criminal Act among repeated crimes;

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

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

1. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc.;

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

(a) Determination of types: Medication, simple possession, etc. (a) among the narcotics crime group;

(b) A person who has been specially adopted: A previous conviction of the same kind;

(c)the range of recommendations: one year to three years;

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