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(영문) 창원지방법원 진주지원 2013.07.10 2013고단580
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Defendant-based 300,000 won shall be additionally collected.

Reasons

Punishment of the crime

On June 17, 2010, 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 on February 25, 201, and completed the execution of the sentence.

The defendant is not a person handling narcotics.

Defendant,

1. On August 22, 2012, around 22:00, in Jinju-si, at the location of his own residence located in Jinju-si, approximately 0.03g of psychotropic drugs, which are psychotropic drugs, the husband of which, at the time, stored in a white paper, was administered by drinking them to coffee.

2. At around 20:00 on December 2, 2012, approximately 0.03 gramphonephones received from the above D were administered in a way of drinking them in coffee.

3. On March 2013, 2013, at Changwon City, approximately 0.03g of philophonephones possessed at the mutual unfold telecom room E was administered in a way of drinking in coffee.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Additional table for a request for appraisal (i.e., hair-training);

1. Previouss before judgments: Criminal records and other inquiries, and application of Acts and subordinate statutes to investigation reports (verification of the expiration date of punishment and attachment of judgment);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of a sentence;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Although the defendant's reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., the criminal facts are recognized and reflected, the defendant not only has the record of being punished several times for the same kind of crime but also has committed again the crime of this case during the period of repeated crime, the method and frequency of the crime of this case and other various sentencing conditions specified in the trial process of this case shall be determined as ordered.

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