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(영문) 광주지방법원 순천지원 2013.05.16 2013고단188
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 31, 2013, the Defendant was sentenced to imprisonment with prison labor for robbery from the Gwangju District Court's Netcheon Branch for the crime of robbery and two years of suspension of execution on June, 2013, and the said judgment became final and conclusive on February 8, 2013.

No person other than a person handling narcotics may use psychotropic drugs or other psychotropic drugs containing their substance.

Nevertheless, at around 23:00 on September 19, 2012, the Defendant, while drinking alcoholic beverages as C in the Dju, operated by C, at the net city B, was dilutiond by inserting about one molecule m, which is a psychotropic drug, which was held as an exemption from water for the purpose of not paying the drinking value, and was in possession of the same day.

Accordingly, the Defendant used drugs containing psychotropic drug ingredients.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Requests for appraisal;

1. Previous record: Application of a reply to criminal records, etc. and statutes;

1. Article 61 (1) 5 and Article 4 (1) of the Act on the Selection and Management of Narcotics, Etc. for Criminal Facts and the Selection of Imprisonment with prison labor;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The crime of this case on the grounds of sentencing under Article 62 (1) of the Criminal Act is in the relation between robbery as decided by the judgment and concurrent crimes under the latter part of Article 37 of the Criminal Act, and the punishment should be determined in consideration of equity and the concurrent crimes under Article 39 (1) of the Criminal Act, and the defendant's mistake is seriously against his/her own fault.

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