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(영문) 창원지방법원 2017.04.28 2016고단3724
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

203,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection.

Reasons

Punishment of the crime

"2016 Highest 3724"

1. No person who violates the Narcotics Control Act shall smoke marijuana;

Nevertheless, at around 18:50 on November 3, 2016, the Defendant stopped on the side side of the E-driving which was stopped on the side of the D's death and death in Busan, and smoked by inserting approximately 0.1g of marijuana at that place.

2. No one, other than persons handling narcotics, etc. in violation of Acts on the Control of Narcotics, etc., shall administer psychotropic drugs;

Despite the fact that the Defendant is not a narcotics handler, at around 19:00 on the same day as the preceding paragraph, administered approximately 0.03 g of Mesopha, a local mental medicine, in a cancs and coffee.

Despite the fact that the Defendant was not a handler of narcotics, etc., around June 26, 2016, around 2016, at H located in Busan, the Defendant provided I with approximately 0.03 g of the mematic drugs (one philopon) to I free of charge and received them.

Summary of Evidence

"2016 Highest 3724"

1. Statement by the defendant in court;

1. A report on investigation (calculated additional collection charges);

1. Each narcotics appraisal statement "2017 Highest 1008";

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of each police officer with regard to I;

1. Application of Acts and subordinate statutes to each investigation report (specific date and time of transactions between a suspect and I, and calculation of additional charges);

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. under the relevant Act on the Criminal facts, and Article 60 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Narcotics, etc. Act on the Control of Narcotics, etc. under the relevant Act on the Criminal Facts (the fact of smoking marijuana and the selection of a sentence of imprisonment);

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 proviso to Article 67 of the Narcotics Control Act;

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

1. Sentencing criteria;

(a) Smoking marijuana;

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