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(영문) 창원지방법원 2013.05.15 2013고단865
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

10,000 won shall be additionally collected from the defendant.

equivalent to the above additional collection.

Reasons

Punishment of the crime

[Criminal Power] On January 5, 2012, the Defendant was sentenced to 10 months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court on January 5, 2012, and completed the execution of the sentence in the original prison on June 3, 2012.

【Criminal Facts】

The defendant is not a person handling narcotics.

On March 31, 2013, at around 19:30, the Defendant administered approximately 0.03 g of psychotropic drugs, in a D office located in Jinju-si, Jinju-si, Jinnam-si, in a way that wraps (one philopon) are delivered to coffee.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Written statement of the prosecution and the prosecutor’s seal;

1. Application of Acts and subordinate statutes to a written request for appraisal;

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. The proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (10,000 won for medication once x once);

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is seven times the criminal defendant was sentenced to imprisonment for a narcotics crime since 1995, and in particular, it is inevitable to punish the criminal of this case during the period of repeated crimes after the completion of the sentence on June 3, 2012.

However, the punishment shall be determined in consideration of the favorable circumstances, such as the fact that the defendant's mistake is against the defendant, the fact that it seems that the defendant actively cooperates in the investigation of the relevant crime during the investigation process, and the fact that the defendant's wife suffering from the incurable disease desires to find the defendant's wife against the defendant.

It is so decided as per Disposition for the above reasons.

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