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(영문) 창원지방법원 밀양지원 2015.04.02 2015고단44
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. The Defendant is not a person handling narcotics.

At around 21:00 on November 1, 2014, the Defendant purchased approximately 0.7g of psychotropic drugs from D, in the vicinity of the Sungwon-si C Building in Changwon-si, Sungwon-si, for about 5.90,000 won.

2. The Defendant is not a person handling narcotics.

At around 18:00 on January 25, 2015, the Defendant injected approximately 0.03g of psychotropic drugs in the dwelling area of the Defendant, Changwon-si, Sungwon-si, Sungsi-si, c. 832, by inserting them into disposable c.03gs, and inserting them into arms.

3. On January 25, 2015, at around 20:00, the Defendant smoked in a way that allows prompt use of the marith by attaching the marith to the marith to the marith on the clock, at the place specified in paragraph (2).

4. Around January 27, 2015, the Defendant possessed marijuana for the purpose of smoking, by keeping approximately 0.97g of marijuana in a passenger car, at the place specified in Paragraph 2, and by the Defendant’s E-chip.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspects of D by the prosecution;

1. Seizure records and reports on requests for expert evidence;

1. Each report on investigation;

1. Application of Acts and subordinate statutes on the details of each currency and each account transaction;

1. Relevant legal provisions and Articles 60 (1) 2, 4 (1), and 2 subparag. 3 (b) of the Act on the Control of Narcotics, Etc. (the purchase and medication of a penphone, the choice of imprisonment with labor), Article 61 (1) 4a and (b), and Article 3 subparag. 10 of the Narcotics Control Act (the occupation of smoking and possession of marijuana and the choice of imprisonment with labor);

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;

1. Probation, order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;

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