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(영문) 창원지방법원 2013.04.12 2012고단3470
마약류관리에관한법률위반(향정)
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 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 March 2012, the Defendant administered approximately 0.03g of psychotropic drugs, in the dwelling of the Defendant, Changwon-si, Changwon-si B, Changwon-si, by means of drinking water, approximately 0.03g of psychotropic drugs.

2. Around May 11, 2012, the Defendant administered approximately 0.03g of the Meptamins in the same place as the preceding paragraph, and administered them by means of drinking water.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes for request for appraisal;

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 the relevant criminal facts and the selection of punishment;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act to order probation and lecture attendance;

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (10,000 won for medication once x twice);

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has already been subject to suspended sentence due to the same criminal conduct, and thus, the necessity of sentence is high.

However, the above previous conviction is the past ten years of age, and the defendant's mistake is recognized and reflects the depth of the defendant, there is a family member to be urgently supported, and there is a family member to be urgently supported, in consideration of the favorable circumstances, such as the fact that the decision of suspension of narcotics has been revealed, the punishment shall be determined by believing and observing the defendant's rehabilitation will instead of a sentence of punishment at a time, only in a

It is so decided as per Disposition for the above reasons.

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