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(영문) 창원지방법원 2017.10.20 2017고단2865
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

On January 27, 2017, the Defendant: (a) put about 0.03g of Mesophical drugs in a single-use-use-based-use-based-use-based-use-specific-use-specific-use-specific-use-specific-use-specific-use-related-type-specific-use-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related-related

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (with respect to attachment of the table for 112 reported cases, with respect to confirmation of the number of juices on suspects, with respect to the check of the ingredients of State and narcotics, and with respect to response to the check of the ingredients of narcotics, etc.,

1. Application of the statutes of the response request for appraisal;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The area subject to mitigation of sentencing guidelines [the scope of recommended punishment] and the area subject to mitigation (the period of six months to one year and six months from the date of imprisonment) (the period of six months to one year and six months) (the number of special sentencing factors) of the types of three (the period of recommendation, the scope of punishment, the simple possession of medication, etc.);

2. As a crime related to narcotics, etc., the sentence of which is determined, is likely to not only evade the body and mind of an individual, but also undermine the health and social safety of the people, the Defendant’s administration of phiphonephones without permission is light of the case.

subsection (b) of this section.

In addition, the defendant has already been punished twice as the same crime, but he has not been aware of it, and has committed a second offense.

However, the defendant is going to reflect misunderstanding in depth and not repeat again.

It is a matter of simple medication without involvement in the manufacture, sale, distribution, etc. of philophones.

There are many transfers of philophones handled.

After committing a crime, the person was able to write down his book of conscience, and immediately surrenders to the investigation agency, so the person is able to repent.

The preceding criminal records are all identical.

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