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(영문) 창원지방법원 통영지원 2013.11.26 2013고단710
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

As to the defendant.

Reasons

Punishment of the crime

On February 9, 2012, the Defendant sentenced the Changwon District Court to six months of imprisonment for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence in the Changwon Prison on March 29, 2012.

"2013 Highest 710"

1. Notwithstanding that the Defendant is not a person handling narcotics, at around 17:00 on August 26, 2013, the Defendant administered approximately 0.03 g of psychotropic drugs delivered to him/her from his/her male on his/her name to a coffee at the business office of mutually infinite human resources in Changwon-si C, Changwon-si.

"2013 Highest 825"

2. Notwithstanding the fact that the Defendant is not a handler of narcotics, at around 17:00 on August 1, 2012, the Defendant administered narcotics in the E office located in Changwon-si, Changwon-si, in a way of dilution of approximately 0.03g of psychotropic drugs, and then injection them into one’s right part of the body with a single-use injection.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A criminal investigation report (report on the market price of mert cancers);

1. A written request for appraisal;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (applicable mutatis mutandis to personal records and investigation reports);

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., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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

1. According to the sentencing guidelines of Article 334(1) of the Criminal Procedure Act of the provisional payment order, the defendant is recommended to be sentenced to one to four years of imprisonment (with respect to the first crime at the time of sale, recommendation of the basic area of "type 3 of the medication of narcotics" (with respect to the third crime at the time of sale, recommendation of "self-denunciation" and the previous department at the time of suspension of execution for not more than three years as special factors for mitigation) and recommendation of the aggravated area of "type 3 of the medication of narcotics" in the decision of the second crime (a recommendation of "the previous department at the time of suspension of execution for not more

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