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(영문) 창원지방법원 진주지원 2014.05.14 2014고단214
마약류관리에관한법률위반(향정)
Text

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

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

Reasons

Punishment of the crime

[2014 Highest 214] Around February 27, 2014, the Defendant administered approximately 0.03 g of psychotropic drugs to coffee in front of the MBC broadcasting station located in Jinju-dong, Jinju-si, and even if a person handling narcotics is not a person handling narcotics, the Defendant administered 0.03 g of psychotropic drugs to coffee.

[2014 Highest 334] On December 20, 2013, the Defendant administered approximately 0.03gg of psychotropic drugs, to coffee, at the Defendant’s home located in Jinju City, around the first half of December 2013, and even if not a person handling narcotics, the Defendant administered approximately 0.03g of psychotropic drugs, to coffee.

Summary of Evidence

[2014 Highest 214]

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Written replys (written replys to requests for appraisal and written expert evidence);

1. Investigation report (calculated of a surcharge);

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. A response to the request for appraisal and a written appraisal;

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

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 with prison labor;

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

1. Although the accused for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. is divided into crimes, the punishment shall be determined as ordered in consideration of the fact that the accused has been subject to criminal punishment several times, and that the accused has re-offendered during the period of suspended execution of the same crime;

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