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(영문) 창원지방법원 밀양지원 2014.11.06 2014고단213
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Notwithstanding that the Defendant is not a person handling narcotics:

1. At around 22:30 on March 1, 2014, approximately 0.03g of psychotropic drugs, were delivered to C free of charge on the roads adjacent to the community service center located in Gyeyang-si.

2. On March 1, 2014, around 22:35, at the Defendant’s residence located D, approximately 0.03 g of psychotropic drugs acquired as described in paragraph (1), were injected by inserting them into a disposable injection machine, after dilution with raw water, at the Defendant’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol concerning the examination of suspect C; and

1. Records of seizure and the list of seizure;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Relevant Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., for which the relevant provision of the Act and the selection of a fine for a crime are applicable;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant committed the crime of this case again during the period of repeated crime for the same kind of crime, and that the defendant had the same power as the defendant several times, etc., the defendant is highly required to punish the defendant. On the other hand, the defendant confessions the crime of this case, reflects his mistake in depth, the number of times the defendant administered narcotics is limited to one time, and the intention of suspension is shown.

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