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(영문) 창원지방법원 밀양지원 2015.08.20 2015고단141
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Although the Defendant is not a narcotics handler, on March 14, 2015, around 09:30, the Defendant administered 0.03g of psychotropic drugs by dilution them into coffee at the Defendant’s house located at the close door of smuggling C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Records of seizure and the list of seizure;

1. Each report on investigation;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Relevant Article of the Criminal Act and Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., the Selection of Fines for the Crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant committed the instant crime again during the period of repeated crime for the same kind of crime; and (b) the Defendant committed several times of the same power, etc.; (c) there is a significant need to strictly punish the Defendant; (d) on the other hand, the Defendant led to the instant crime; (c) the Defendant is committing the instant crime; (d) the number of times the Defendant administered narcotics is only one time; (d) the Defendant was hospitalized in the National Busan Hospital from March 2015 to treat narcotics addiction; and (e) the Defendant expressed that the Defendant is actively receiving drug treatment and the intention in charge may take into account the possibility of congested; and (e) under such circumstances, the sentence may have a negative impact on the Defendant’s sentence, and thus, it seems reasonable to proceed with hospital treatment like the current state.

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