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(영문) 창원지방법원 2015.03.25 2015고단464
마약류관리에관한법률위반(향정)등
Text

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

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

Reasons

Punishment of the crime

1. Around 18:30 on February 15, 2015, the Defendant, who violated the Act on the Control of Narcotics, etc. (flag) put approximately 0.03g of psychotropic drugs, into a single-use injection machine, and administered them by means of inserting approximately 0.03g of psychotropic drugs, in the first floor of a non-commercial building located in the vice-dong in Kimhae-dong, Kimhae-si, Kim Jong-si (hereinafter “clopon”).

2. On February 15, 2015, the Defendant: (a) destroyed the damage of property in front of the DNA telephone in Kimhae-si, Kim Jong-si; (b) caused the damage to the victim’s vans by administering the penphones in front of the DNA, and by unloading the back glass hold of the F Costaex, parked by the victim E in a condition of transshipment, with concrete sculptures, thereby destroying the 70,000 won of the repair cost.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. A written request for appraisal, a briefing session, and an appraisal report;

1. A report on investigation, estimates for damage to property, and estimates;

1. Application of Acts and subordinate statutes to investigation reports (investigation of the market price of narcotics and additional collection charges);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of Narcotics, etc., Article 36 of the Criminal Act concerning the facts constituting an offense, Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the same Act (the

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

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. does not have the same criminal records after the defendant was subject to criminal punishment for a violation of the Cannabis Control Act in 1995, and the background and result of the instant crime, including the defendant’s age, character and conduct, environment and circumstances after the crime, etc.

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