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(영문) 창원지방법원 2016.01.19 2015고단2907
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

Defendant is not a narcotics handler.

1. On March 20, 2015, the Defendant, at C real estate office located in Kimhae-si B on March 20, 2015, injected approximately 0.03g of mert amba (hereinafter “propopon”), which is a local mental medicine, into a single-use injection machine, and injected into the left arms.

2. On May 7, 2015, the Defendant administered approximately 0.01g of philophones in Esing rooms in Kimhae-si, Kim Jong-si, and administered them in a way of riding in beer.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. under the relevant Act on criminal facts;

1. Selection of each sentence of imprisonment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended punishment] - the mitigated area ( June to one year and six months) of the mitigated area (special mitigated persons] [the scope of the final sentence due to multiple crimes] six months to two years and three months [the circumstances in consideration] - the fact that there are several records of force of punishment for the same kind of crime, and that there are no records of force of punishment for the same kind of crime after the date 203, and that there are no other records of punishment for the same kind of crime after the date - The fact that there are no other records of arrest of the upper vessel - The fact that there is a loss of livers, intercopic scopic scopic scopic scopic scopic scopic scopic scopic s, etc. [the decision of sentence] 1 year and the suspension of execution two years;

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