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(영문) 창원지방법원 2012.11.09 2012고단3045
마약류관리에관한법률위반(향정)
Text

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

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Around September 25, 2012, the Defendant administered approximately 0.03g of Mepta (one philopon) in the toilet at the main point of Kimhae-si, Kimhae-si, by means of drinking in water, even though he is not a person handling narcotics.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act and subordinate statutes of the investigation report (No. 4,6)

1. Relevant Article of the Criminal Act and Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. for the elective Punishment of Criminal Facts;

1. Although the defendant for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. is committed for the purpose of sentencing, the defendant shall be sentenced to imprisonment with prison labor for the same crime, considering that he has four times a suspended sentence and has a previous offense for the same crime.

In the above circumstances, the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, health status and family relationship, shall be determined as per the disposition.

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