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(영문) 창원지방법원 통영지원 2013.10.31 2013고단659
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. Around 21:00 on May 11, 2013, the Defendant administered psychotropic drugs for a single-use injection with approximately 0.05g of psychotropic drugs by dilution 0.05g of psychotropic drugs, and for a single-use injection with cryp cryposis.

2. At around 03:00 on May 12, 2013, the Defendant administered 0.05 g of psychotropic drugs in the same place as described in paragraph 1, and in the same manner as Paragraph 1, the Defendant administered 0.05 g of psychotropic drugs.

3. Around 08:00 on May 13, 2013, the Defendant administered 0.1g of psychotropic drugs, in the Ethmp car owned by the Defendant, which was parked on a road near D at a 08:00, in the same manner as Paragraph 1, within the Ethp car owned by the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. The application of statutes to each appraisal report;

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. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The proviso to Article 67 of the Narcotics Control Act;

1. According to the sentencing guidelines under Article 334(1) of the Criminal Procedure Act, the defendant is recommended to be sentenced to six to nine months of imprisonment (in accordance with the sentencing guidelines for the sentencing of Article 334(1) of the Provisional Payment Order, recommendation for the mitigation area of Category Three (in the case of special mitigation), and recommendation for the mitigation area of Category Three (in the case of recognition of self-denunciation as special mitigation)

However, the fact that the defendant voluntarily surrenders, there is no same criminal history, and the fact that the defendant is against the defendant is considered as the reasons for sentencing favorable to the defendant.

Other grounds for sentencing, such as the age and family relationship of the accused, shall be determined in the same manner as the order.

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