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(영문) 창원지방법원 2015.10.22 2015고단1379
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On September 6, 2013, the Defendant was sentenced to one year and six months for a violation of the Act on the Control of Narcotics, Etc. at the Daegu District Court on April 22, 2014, and completed the enforcement of the said sentence on April 22, 2014. On February 13, 2015, the Defendant was sentenced to one year of imprisonment at the Changwon District Court for a violation of the Act on the Control of Narcotics, etc. (fence) and the said judgment became final and conclusive on July 21, 2015.

From around 01:00 on September 17, 201, the Defendant provided approximately 0.03g of psychotropic drugs to E, a psychotropic drug-related Megatopian (hereinafter “diphone”), and administered them for one’s own arms by inserting approximately 0.03g of philopon into a single-use injection machine and melting them for one’s own arms, from around 02:0 to around 000.

Summary of Evidence

1. Defendant's legal statement;

1. Second prosecutor's protocol of interrogation of the accused (including the E substitute part);

1. Statement to E by the police;

1. Additional briefings and written expert opinions requested for appraisal (Ⅱ);

1. Investigation report (related to the investigation of the current market price of mert cancers);

1. Application of Acts and subordinate statutes to criminal records, investigation reports (a summary information of a suspect's case pending trial and attachment of judgment of the court of the first instance), previous records of disposition and report on results of confirmation, and investigation reports (Attachment to judgment, etc.);

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., concerning facts constituting an offense, and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The reason for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc., even though the defendant had a number of criminal records of the same kind, it is inevitable to sentence him/her to commit the instant crime again during the period of repeated crime: Provided, That it is inevitable to sentence him/her to commit the instant crime by breaking his/her mistakes, and considering the favorable circumstances that his/her health condition is not good due to spine surgery, postburry, legacy, etc., and considering the fact that he/she

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