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(영문) 창원지방법원 2013.04.03 2013고단554
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Two for divers (Evidence 1) seized shall be confiscated.

from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On February 16, 2013, around 19:00, the Defendant administered approximately 0.03 g of psychotropic drugs in the camba (one philopon) in the camba (one philopon) 9 of Kimhae-si, Kimhae-si, in a way of hanging at coffee.

2. At around 02:00 on February 17, 2013, the Defendant administered approximately 0.03 g of Mepta in the same manner as above at the place as set forth in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes to each investigation report (the results of urient appraisal and the calculation of an additional collection charge against a suspect);

1. Article 60 (1) 2, Article 4 (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 a sentence;

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (10,000 won for medication once x twice);

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act has the record of being punished for the same kind of crime. In particular, even if the defendant was sentenced to two years of suspended sentence in October 2009, the defendant committed each of the crimes of this case even though he was sentenced to two years of suspended sentence in October 209, it is inevitable to sentence sentence even in order to alleviate the dependence on the defendant's narcotics.

However, the punishment was determined in consideration of the favorable circumstances, such as the fact that the defendant's mistake is against the defendant, and the intention of the suspension of narcotics is expressed.

It is so decided as per Disposition for the above reasons.

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