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(영문) 창원지방법원 2014.04.15 2014고단647
마약류관리에관한법률위반(향정)등
Text

1. The defendant shall be punished by imprisonment for one year;

2. 204,00 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On November 22, 2012, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended execution for a violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court on November 2, 2012, and the judgment became final and conclusive on November 30, 2012, and is currently

1. Violation of the Narcotics Control Act;

A. On November 4, 2013, at around 20:0, the Defendant administered approximately 0.03 g of psychotropic drugs, in a passenger car parked in the Dial Stop C, Kimhae-si, by a means of drinking in water, approximately 0.03g of psychotropic drugs (one penphone).

B. On March 8, 2014, at around 17:00, the Defendant administered approximately 0.03 g of psychotropic drugs, in a passenger car parked in the front of “FE” in Kimhae-si, Kim Jong-si, a method of driving 0.03 g of psychotropic drugs on a raw water.

2. Violation of the Act on the Control of Narcotics, etc.;

A. At around 12:00 on November 3, 2013, the Defendant, at 103, posted the franchising of tobacco in GJ building 103 at Kimhae-si, containing the franchising of marijuana, and smoked by attaching a fire to the smoke.

B. On March 8, 2014, around 19:00, the Defendant smoked the marith of marijuana in the same manner as the above A at the same place.

Summary of Evidence

1. Defendant's legal statement;

1. An appraisal report, a drug reaction test report, and a request for appraisal;

1. Each investigation report (in relation to attachment of photographs of reaction to THC training, both countries and preliminary tests results, and calculation of additional charges on suspects);

1. Previous records of judgment: Criminal records, etc. inquiry report, investigation report (verification of the result of request for revocation of suspension of execution of sentence, previous records and attachment of judgment), and the application of statutes;

1. Articles 60 (1) 2, 4 (1), subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc., and Article 61 (1) 4, and subparagraph 10 of Article 3 of the same Act concerning the crime (the point of smoking marijuana) of the same Act;

1. Selection of each sentence of imprisonment;

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

1. Grounds for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics;

1. The sentencing criteria shall be based on;

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