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(영문) 창원지방법원 2013.04.23 2012고단3698
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 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 23, 2012, around 02:0, the Defendant, at the Kimhae-si Bircoon 103 room, injected a merpter (one philopon) in a single-use injection machine and melting water into the following arms.

2. On August 23, 2012, the Defendant injected approximately 0.03 g of Metepia in a single-use injection machine and administered water in a way that melts the following arms at the same place as the preceding paragraph at around 02:10.

Summary of Evidence

1. Statement by the defendant in court;

1. The report on a request for appraisal and the additional report on a request for appraisal;

1. Application of Acts and subordinate statutes to an investigation report;

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 on the stay of execution (The court shall take into account the fact that the defendant makes a confession of and reflects on the crime as the initial offender);

1. Probation, community service order or order to attend a lecture under Article 62-2 of the Criminal Act;

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

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