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(영문) 창원지방법원 통영지원 2013.06.12 2013고단237
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

30,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

A person, other than a person handling narcotics, shall not commit any act of possessing, possessing, using, transporting, controlling, importing, exporting, manufacturing, preparing, administering, giving or receiving, trading, arranging the trade of, or providing, psychotropic drugs; however, the accused shall not do so;

1. At around 22:00 on March 27, 2013, in the Defendant’s house located in C, diversating 0.05g of mert flaps (one philopon) into water at the Defendant’s house located in C, using a disposable injection device;

2. At around 21:00 on March 28, 2013, at the Defendant’s home, the Metropia 0.05 gram of the Metropia was injected into water, using a disposable injection device, and administered Metropia two times on a single-time basis.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement of D or E;

1. Records of seizure, photographs of positive reactions as a result of the inspection by a documentary examiner, reports on the results of the preliminary experiment on narcotics, photographs of the head of the seizure site A, and reports on the prosecution and seizure of narcotics;

1. Application of Acts and subordinate statutes to each investigation report and investigation report (market price report on Metep cancer).

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Protection of Narcotics, Etc., and Selection of Imprisonment with prison labor concerning facts constituting an offense;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant, even though he had the record of having been sentenced to multiple punishments for the same kind of crime, further commits the crime in this case, a sentence of sentence is inevitable.

However, the order is issued, taking into account the following circumstances: (a) the Defendant recognized all the facts charged in the instant case and did not repeat again while reflecting its depth; (b) cooperation with the investigation of the relevant drug offender by clarifying the upper line; and (c) other factors constituting sentencing conditions indicated in the instant records, such as the Defendant’s age, character and conduct, family relationship, family environment, means of crime, and circumstances after the crime.

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