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(영문) 창원지방법원 진주지원 2013.12.17 2013고단1167
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On July 22, 2011, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. at the Changwon District Court, and three years of suspended execution, which became final and conclusive on July 30, 201, and is currently under the grace period.

【Criminal Facts】

The defendant is not a person handling narcotics.

1. On October 28, 2013, around 20:00, the Defendant administered approximately 0.03 grams 0.03g of psychotropic drugs, in the eF Medietian car parking lot, in the e.g., EFstampa (i.e., daily psychotropic drugs) in the can and coffee.

2. On November 9, 2013, around 20:00, the Defendant administered approximately 0.03g of philophones in the place of his residence located in Sacheon-si C building 102 Dong 103, in a manner of drinking the philophones into the owner of a ship.

Summary of Evidence

1. Defendant's legal statement;

1. Each request for appraisal;

1. Criminal records, references to the summary of the case, and the application of each of the judgment statutes;

1. Relevant Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., for the sake of criminal facts and the selection of a sentence;

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

1. He/she shall choose to imprisonment with prison labor in consideration of the grounds for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics, Etc., but sentence the same sentence as the order that lowers the lower limit of the recommended sentence specified in the sentencing guidelines, considering the fact that the suspended sentence is expected to be invalidated

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