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(영문) 창원지방법원 진주지원 2017.12.13 2017고단791
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

10,000 won from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

On September 10, 2017, around 19:00, the Defendant administered approximately 0.03g of Meata (i.e., one philopon), a local mental medicine, in a coffee, within the Defendant’s house, D 306, Sacheon-si, Sacheon-si, and then administered approximately 0.03g of Meata (i.e., one philopon) to a coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Police seizure records;

1. A statement on narcotics appraisal (invinyl chloride, vinyl, fluorine, hair);

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Recommendations for the application of the sentencing criteria: None of the persons who are subject to special sentencing between October and two years:

2. The Defendant, who was sentenced on June 20, 2012, was sentenced to three years of imprisonment for a violation of the Narcotics Control Act (fluence) in support of the Sungnam branch of the Suwon branch of the Suwon branch of the Republic of Korea, and completed the enforcement of the sentence on July 6, 2014 and had a total of ten times of criminal records.

In the defendant's hair, the reaction has been made to train philophones.

Considering that there is no record of the same crime for a period of three years after the release, it shall be considered as favorable circumstances.

In addition, the punishment as ordered shall be determined in consideration of all the sentencing conditions specified in the pleadings of the instant case, such as the age, sex, environment, background, means and result of the instant case, and the circumstances after the crime.

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