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(영문) 창원지방법원 2016.01.14 2015고단2683
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On May 15, 2015, the Defendant: (a) at the Defendant’s home located in Changwon-si, Changwon-si, a member of Changwon-si; (b) Metepha, a local mental medicine, (c).

D.0.03g was administered in a way that inserting approximately 0.03g into a single-use injection machine and melting a raw water, and then in a way of injecting it into a dead body.

2. On May 20, 2015, the Defendant: (a) on May 20, 2015, parked in the parking lot located in the F police station located in Kimhae-si, Kim Jong-si; (b) on the G Lone Starsch Rexroth, the Defendant carried approximately 0.02g of opphones in a tobacco package.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Seizure records;

1. Each investigation report and each photograph;

1. To reply to each request for appraisal, and the application of each narcotics appraisal report Acts and subordinate statutes;

1. Relevant legal provisions of the Act on the Management of Narcotics, etc., and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc., and Selection of imprisonment with prison labor for a crime;

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

1. The scope of the final sentence according to the aggravated punishment for which there are no types 2 (the scope of the recommended punishment) in the basic area (10 to 2 years) of the 3 types of crimes (10 to 3 years) (the scope of the recommended punishment) in the basic area (10 to 2 years) of the 3 types of crimes (the scope of the recommended punishment) of the 3 types of crimes (2 months to 3 years), including the medication and mere possession, etc. (10 to 2 years) of the 3 types of crimes (the special sentencing person) (10 to 3 years): October 3 (the decision of the sentence] of the 10th sentence in light of the fact that the defendant was sentenced two times of imprisonment with prison labor for the same kind of crime, and even if he had the record of two criminal punishments of suspended execution, the sentence is inevitable in view of the fact that each of the crimes of this case is committed again in the future.

It shall be considered in favorable circumstances, such as the fact that it is being committed, and the age, sex, family environment, motive and circumstance of the crime, means and result of the crime.

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