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(영문) 창원지방법원 2013.10.11 2013고단1422
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

1,200,000 won shall be additionally collected from the defendant.

equivalent to the above additional collection.

Reasons

Punishment of the crime

[Criminal Power] On March 23, 2012, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on March 23, 201 and completed the execution of the sentence at the Busan Detention Center on October 31, 2012.

【Criminal Facts】

Defendant is not a narcotics handler.

1. Around 22:00 on May 2, 2013, the Defendant granted approximately 0.03 g of Mesopha (one philopon) a psychotropic drug, the paper of which is low psychotropic drugs, to E, within the guest room 201, located in Gyeongnam-nam High-gun D.

2. On May 7, 2013, at around 20:00, the Defendant provided F with approximately 0.31g of philophones inserted in a disposable injection machine without compensation within the guest room under the preceding paragraph.

3. At around 22:30 on May 28, 2013, the Defendant injected approximately 0.03g of philophonephones into a guest room at H hotel No. 309 located in Gyeongnam-gun G, Gyeongnam-gun, and then injected once using a disposable injection device to his/her her her croposis.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Each prosecution (one copy of the report on the result of a prosecution and the additional report on the request for appraisal);

1. An investigation report (a separate attachment, etc. of a copy, such as a separate E criminal case);

1. A report on internal investigation (a separate report accompanied by a copy of the F new document);

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to criminal records, investigation reports (verification of whether a repeated crime is committed);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) (Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor) concerning the facts constituting an offense;

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 proviso to Article 67 of the Narcotics Control Act;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is against the Defendant during the commission of the crime, the intention of the suspension of narcotics, and the fact that it appears to cooperate with the relevant investigation, even if considered favorable, the number of the records subject to punishment for narcotics crimes since 197 is 13 times or more.

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