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(영문) 창원지방법원 진주지원 2014.04.17 2014고단166
마약류관리에관한법률위반(향정)
Text

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

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 August 201, 2013, the Defendant purchased 100,000,000 for a disposable injection device, including approximately 0.06g of psychotropic drugs, from male (the 50-year-old household volume) who could not know the name within the office of the Deputy Director of Cial Affairs in Jinju-si B (the 50-year-old household volume).

2. On August 23, 2013, at the early 23:00, the Defendant administered a drug of approximately 0.03g of philopon 0.06g of 0.06 grams purchased on the road in front of his residence in Jinju-si, and then administered it on the coffee in a way of smoking.

3. On September 22, 2013, the Defendant, within the hospitalization room of G Hospital No. 510 located in G Hospital F in Sacheon City, administered approximately 0.03 grams of the remaining philopon on a coffee, in a catch.

Summary of Evidence

1. Defendant's legal statement;

1. Additional table for a request for appraisal (i.e., hair-training);

1. Application of Acts and subordinate statutes to a report on investigation (related Acts and subordinate statutes concerning the details of overlapping investigation);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) (which means trading of phiphones and administering medicines) of Article 2 of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor for the crime;

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 (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. has no record of being punished for the same crime, the defendant appears to have committed the crime of this case in order to reduce the suffering from lung cancer, and there are circumstances to consider the motive for the crime of this case, the defendant's time of committing the crime and reflects against himself, and the defendant's age and family environment, etc. shall be determined as ordered by taking into account all the sentencing conditions as shown in the arguments

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