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(영문) 창원지방법원 진주지원 2014.12.23 2014고단1046
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

[Criminal Power] On January 10, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the said punishment on December 11, 2012.

【Criminal Facts】

At around 18:00 on September 20, 2014, the Defendant administered 50,000 won in cash from the French male in front of the village in the Hadong-gun, Hanam-gun, Seoul, and administered 0.03g of the Mesacopty (one philophone) purchased to the coffee in a way that they are delivered to the coffee.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. A criminal report (related to attachment of a written appraisal) and an inquiry request for appraisal;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of judgment) and Acts and subordinate statutes;

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. Article 35 of the Criminal Act among repeated crimes;

1. A favorable condition for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc., such as the fact that the defendant was committed at the time of and reflects the depth of his crime, and that the defendant again committed the crime of this case during the period of repeated crime even though he had the record of being punished several times, a punishment as ordered shall be determined by taking into account the defendant’s age, family environment, health conditions (the chronic virus C infection, spine brate, spine bomy disease), motive for the crime, circumstances after the crime, etc.

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