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(영문) 창원지방법원 통영지원 2018.08.23 2018고합58

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

No person shall possess, possess, use, or control a drug or a substance containing such a drug (hereinafter referred to as "psychotropic mental drug") which has a high potential for misuse or abuse and is not used for medical treatment, and lacks safety, any misuse or abuse of which may lead to severe physical or mental dependence.

At around 20:00 on May 19, 2017, the Defendant, from the foreigners of the early 50 first half of the name in the name and non-distinct - fluencing - (JW-018) - 210 (JW-210) and E, of similar chain - non---crackable flucing flucing flucing fluor (AB-CHAA) ingredients in the clucing pattern, containing glass and fluorics, added a glass pipe connected thereto, added a flucing fluor in each glus through inhalement.

Accordingly, the defendant used a local mental medicine.

Summary of Evidence

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. A report on seizure (voluntary submission) and a narcotics appraisal report;

1. Application of Acts and subordinate statutes to report on investigation (whether to designate narcotics, etc., such as Internet engineers, AB-Cambak, etc., attachment of materials for explaining the sea, and reporting on the calculation of additional collection

1. Article 59 (1) 5, subparagraph 5 of Article 3, and subparagraph 3 (a) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The value of the narcotics to be collected as an additional collection under the proviso of Article 67 of the Narcotics Control Act (the proviso of Article 67 of the Act on the Control of Narcotics, Etc., which is the basis of calculation of the additional collection charge, refers to the ordinary transaction value in the market, and its calculation shall be based on the price at the time of pronouncement of the judgment (see Supreme Court Decisions 83Do1927, Sep. 13, 1983; 91Do352, May 28, 1991).