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(영문) 창원지방법원 진주지원 2016.05.18 2016고단95
마약류관리에관한법률위반(향정)
Text

A person shall be punished by imprisonment with prison labor for not less than four months, or by imprisonment for not more than one year and four months with prison labor for the crimes of Nos. 1 and 2 in the judgment of the defendant.

Reasons

Punishment of the crime

[criminal history] On April 28, 2015, the Defendant was sentenced to a suspended sentence of one year by imprisonment with labor for a violation of the Narcotics Control Act at the Daegu District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and the judgment became final and conclusive on May 7, 2015, but the said suspended sentence was revoked on August 4, 2015, and is currently being executed.

[Criminal facts] The Defendant is not a narcotics handler

1. On May 1, 2014, the Defendant administered approximately 0.03 grams with D and E, a mematic drug (one philophonephone; hereinafter “philophone”) by dilutioning tap water into a single-use injection device, and distributed approximately 0.03 grams to a blood tube (2016 high-class 95). On February 2, 2015, the Defendant administered approximately 0.03 grams from the non-actphone in Daegu Seo-gu, Daegu, and Seo-gu using a single-use injection device (2016 high-class 95 high-class 205 high-class 205 high-end 301 high-end 601 high-end 205 high-end 205 high-end 301 high-end 205 high-end 2015).

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (calculated of the market price of mert cancer and additional collection charges);

1. Correspondence to a request for appraisal, response to a request for appraisal, narcotics trends (2016 order 234);

1. Statement by the defendant in court;

1. Investigation report (calculated of the market price of mert cancer and additional collection charges);

1. A copy of an appraisal report on narcotics and a monthly trend of narcotics;

1. References to inquiries, such as criminal history, report on investigation (a), confirmation of cancellation of the suspension of the execution of a suspect, and attachment to relevant judgments, etc.), inquiry into the case, and application of 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 Criminal Act dealing with concurrent crimes;

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