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(영문) 창원지방법원 진주지원 2017.11.01 2017고단443
마약류관리에관한법률위반(향정)
Text

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

Reasons

Punishment of the crime

On January 13, 2016, the Defendant was sentenced to one year of imprisonment for a violation of the Narcotics Control Act at the Changwon District Court, and completed the execution of the sentence on October 13 of the same year.

Defendant is not a narcotics handler.

On February 20, 2017, the Defendant administered approximately 0.03 grams of Metropha (i.e., one philopon), a local mental medicine, at the smallest B residence at the Jinju-si, in a canca, in a way that they are sent to the cans and coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Police seizure records;

1. Response to a request for appraisal;

1. A report on investigation (calculated additional collection charges);

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (the attachment of judgment and the current status of personal confinement);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Article 60 of the same Act concerning facts constituting an offense;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Recommendations for the application of the sentencing criteria: Cooperation in investigations, and previous convictions in the same kind (not less than a stay of execution for not more than three years), which are important for sentencing between October and two years (basic areas):

2. The sentencing sentencing factors and the defendant have three times the criminal history of the same kind of crime, the reaction from the maternity to the training of phiphones has occurred, and the defendant's age, sex, environment, circumstances, means and results of this case, and all of the sentencing conditions specified in the arguments of this case, such as the circumstances after the crime, shall be determined as ordered by the sentence.

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