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(영문) 창원지방법원 2013.04.19 2013고단150
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On February 2, 2012, the Defendant administered approximately 0.03 g of D Belgium car, which was parked on the roads of Jinhae-gu, Changwon-si, Changwon-si, and then administered a psychotropic drug, in a clicker car, by hanging it on a coffee.

2. On April 2012, the Defendant administered 0.03 g of D Belgium car, which was parked on the roads of Jinhae-gu, Changwon-si, Changwon-si, and in the same manner as the preceding paragraph, 0.03 g of Mepters.

Summary of Evidence

1. Defendant's legal statement;

1. Fourth protocol of examination of the accused by prosecutors;

1. Response to requests for appraisal, notification on the results of the narcotics appraisal;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Article 60 (1) 3 and Article 4 (1) and subparagraph 4 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (wholly amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply) for the pertinent provision of the Act on the Punishment of Specific Crimes and the Selection of Punishment for the Punishment of Specific Crimes;

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

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

1. Probation and order to provide community service and attend lectures, and Article 62-2 of the Criminal Act;

1. While the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. have committed the crime of this case again even though the defendant was sentenced four times or more for the same crime, the defendant shall be sentenced to a suspended sentence of imprisonment with prison labor, considering the following factors: (a) the lapse of ten years from the last like crime; (b) the confession of his medication; and (c) the confession of his medication; and (d) information about other narcotics-related criminals, etc., actively cooperate in the investigation of the investigative agency, and submit a written application for the defendant to the investigative agency; and (b) the scope of the recommended sentence under the sentencing guidelines for this case (the three basic areas including imprisonment with prison labor for up to two years, and simple possession of 01 medication) and the criteria for suspended sentence (a serious reflect

However, the defendant's criminal records are likely to repeat the crime.

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