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(영문) 창원지방법원 진주지원 2014.03.26 2014고단139
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

[2014 Highest 139]

1. At around 17:00 on February 6, 2014, the Defendant accepted one disposable injection machine, which contains approximately 0.03g of psychotropic drugs, from sexually influent E, even though it is not a person handling narcotics, in front of the Docker in Sacheon-si C.

2. At around 18:00 on February 6, 2014, the Defendant administered approximately 0.03gg of psychotropic drugs delivered as referred to in the above 1.3g, in the public toilets for reclaimed land located in Scheon-si, Sacheon-si, by dilution with tap water and dilution with a disposable injection device, and laying them into its meconculsis by using a disposable injection device.

[2014 Highest 205] On November 23, 2013, the Defendant administered psychotropic drugs using a disposable injection device to put approximately 0.05g of psychotropic drugs, even if the Defendant was not a person handling narcotics in an insurine room near the reclaimed land in Sacheon-si, Sacheon-si, in a way that he puts them into the bloodline of his own by using a disposable injection device, even if he was not a person handling narcotics in an insurine room near the reclaimed land.

Summary of Evidence

[2014 Highest 139]

1. Defendant's legal statement;

1. An explanatory note (a written expert opinion, an appraisal report, and an appraisal report);

1. Investigation report (calculated of a surcharge);

1. Defendant's legal statement;

1. Additional return for a request for appraisal;

1. Application of Acts and subordinate statutes to investigation reports;

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

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act, Article 59 of the Act on Probation, Etc.;

1. Although the defendant for reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., even though he had served a single punishment for the same kind of crime, the punishment for such crime is not against the law by administering the Metepia twice. However, the defendant committed the crime.

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