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(영문) 창원지방법원 마산지원 2016.08.24 2016고단555
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

70,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

However, on March 7, 2016, the Defendant administered approximately 0.03 g of a medication for one-time medication, which was purchased by paying KRW 70,00 in cash from a person who is unable to know his/her name through the Internet, in the C male toilet located in Changwon-si, Changwon-si, Masan. Around March 7, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the accused prepared by the public prosecutor;

1. Application of Acts and subordinate statutes to an investigation report (limited to attachment of an appraisal report on narcotics) and an appraisal report on narcotics attached thereto;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning facts constituting an offense (the choice of imprisonment with prison labor);

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of the recommended punishment] 3 types of punishment (b) and the simple possession, etc. of medication [the person subject to special mitigation] [the person subject to special mitigation] imprisonment for six months, additional collection 70,00 won [the defendant] for a violation of the Narcotics Control Act at the Ulsan District Court on September 1, 2004, he/she has the same record of having been sentenced to two years of suspended sentence for six months. In particular, on January 13, 2016, the defendant was sentenced to one year of suspended sentence for one year due to special intimidation at the Changwon District Court on January 21, 2016 and was sentenced to two years of suspended sentence for one year due to a special intimidation, etc., for which the above judgment becomes final and conclusive, and if he/she committed the crime in this case, it is inevitable to sentence the defendant to the crime in this case.

However, taking into account the fact that the Defendant recognized his mistake and reflects, self-denunciation, etc., the Defendant’s age, gender and environment, motive for committing the instant crime and circumstances after committing the instant crime, and setting the term of punishment as above, taking into account the following factors:

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