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(영문) 창원지방법원 진주지원 2014.09.23 2014고단691
마약류관리에관한법률위반(향정)
Text

The defendant shall be punished by imprisonment with prison labor for 6 months and by imprisonment for 2 months with prison labor for the crimes of No. 1.

Reasons

Punishment of the crime

[2014 Highest 691] On April 29, 2014, the Defendant was sentenced to imprisonment for 8 months and 2 years of suspended execution for a violation of the Act on the Control of Narcotics, Etc., and the said judgment became final and conclusive on May 8, 2014.

1. On June 21, 2014, around 19:30 on June 21, 2014, the Defendant administered approximately 0.03 grams of psychotropic drugs (one philopon) in a coffee 202 in Sacheon-si, Sacheon-si.

[2014 Highest 766]

2. At around May 3, 2014, the Defendant administered approximately 0.03g of psychotropic drugs, in the Defendant’s residence located in Sacheon-si, Sacheon-si, by hanging them on a coffee.

Summary of Evidence

[Fact 1]

1. Defendant's legal statement;

1. Written statement of the prosecution and the prosecutor’s seal;

1. Seizure records;

1. A written request for appraisal (fact-finding 2 on the market);

1. Defendant's legal statement;

1. Requests for appraisal;

1. Seizure records;

1. Investigation report (the results of evaluation of the appearance and the attachment of related data);

1. Application of Acts and subordinate statutes to criminal records, inquiry reports, and investigation reports (Attachment to the same type 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 imprisonment with prison labor;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act (the crimes for which the judgment becomes final and the crimes of Article 2 of the Judgment) of the Criminal Act;

1. As seen earlier, on April 29, 2014, the Defendant for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the calculation of a surcharge) was sentenced to imprisonment for 8 months or 2 years of suspension of execution for a crime of violating the Act on the Control of Narcotics, Etc., and the said judgment became final and conclusive on May 8, 2014. The Defendant committed the second crime as indicated in the judgment before the said judgment became final and conclusive, and the Defendant, even though he was under the period of suspension of execution, has not been aware of it and again committed the first crime as indicated in the judgment after

However, the defendant.

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