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(영문) 창원지방법원 진주지원 2015.06.03 2015고단338
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On December 2014, the Defendant administered approximately 0.03 g of psychotropic drugs, in a mutual infinite office located in the upper finite-dong, Jinju-si, Jinju-si, by a method of hanging them on coffee.

2. At around 15:00 on April 17, 2015, the Defendant provided approximately 0.03g of phiphonephones to E free of charge at the D Mountain conference office located in Jinju-si C.

3. The Defendant injected approximately 0.03 gopphones into aquatic water at the time and at the place specified in the preceding paragraph, and administered them by means of dilution with a disposable injection device on one’s port beer.

4. At around 04:00 on April 19, 2015, the Defendant injected approximately 0.03g of philophones into Gnju 310 G Innju City F, using a disposable injection device to diversize 0.03g of philophones into her left sphosome and put them into injection.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the interrogation protocol of prosecution E;

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

1. Application of the relevant Acts and subordinate statutes to written expert opinions and written expert opinions for inspection of small and medium claims;

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, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

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

1. The scope of sentence recommended on the sentencing criteria (determination of type) shall be determined in accordance with the sentencing criteria;

Items c) and c.

A person who does not [a person who has been specially punished] (a person who has been punished by imprisonment with prison labor for not less than 10 months but not more than 2 years (the result of guidelines for handling multiple crimes) shall be punished by imprisonment with prison labor for not less than 10 months

2. In light of the fact that the Defendant committed the instant crime even though he/she had the record of punishment for suspension of execution due to the same kind of crime, the Defendant committed the instant crime.

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