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(영문) 창원지방법원 진주지원 2016.08.23 2016고단454
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On November 26, 2015, the Defendant was sentenced to imprisonment for ten months with prison labor for a violation of the Narcotics Control Act in the branch court of the Changwon District Court on March 26, 2015, and was sentenced to two years of suspended execution on December 4, 2015, and the judgment became final and conclusive and conclusive on December 4, 2015.

1. On February 2016, 2016, the Defendant: (a) received, at the site of the Jinju-si Construction Construction Work, approximately 0.03 grams of Memopon (one philopon; hereinafter referred to as the “Memopon”) from D, a Memopon, a local mental medicine medicine; and (b) administered approximately 0.03g of Memopon, delivered as above, in a ma 204 method, in a camcopon administered in coffee.

2. Around 10:40 on February 22, 2016, the Defendant administered philophones, which were parked at the construction site of Jinju City, in a way that they delivered D with D, within one’s own car, in a coffee.

Summary of Evidence

1. Partial statement of the defendant;

1. A written appraisal of each drug;

1. A report on investigation (calculated on an additional collection charge) and monthly trend of narcotics;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports;

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. under the relevant Act on Criminal Facts;

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

1. The defendant's assertion and judgment under the proviso of Article 67 of the Act on the Management of Narcotics, Etc.

1. It is not written that philophones were administered voluntarily at the time stated in paragraph 2 of the facts constituting the alleged crime.

The same shall apply to those in which Amado contains a philophone on the coffee called Amado D.

In other words, D does not clearly explain the meaning of “in order to see the Defendant” for the purpose of understanding the Defendant, but is interpreted as meaning “for the sexual intercourse with the Defendant” in light of the investigation record and the purport of the defense counsel’s assertion.

The defendant dices acopon on a coffee and dices by gathering it.

The so-called "sapped mulberry" was received.

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