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(영문) 창원지방법원 2016.11.17 2016고단3485

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1, 2, and 3 shall be confiscated.

10,000 won from the defendant.

Reasons

Punishment of the crime

On October 8, 2014, the Defendant sentenced the Daegu District Court to two years and four months of imprisonment for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the said sentence on April 5, 2016.

No person other than a person handling narcotics shall administer or possess psychotropic drugs.

Despite the fact that the Defendant is not a person handling narcotics, the Defendant administered and possessed psychotropic drugs-related Metepopics (one philophone, hereinafter referred to as “philophones”), as follows:

1. At around 21:00 on October 12, 2016, the Defendant injected approximately 0.03 ghopon on the Defendant’s upper part of the arms after dilutioning about 0.03 gopon from Damoto 505 located in Gangseo-gu Busan, Gangseo-gu, Busan.

2. On October 16, 2016, around 15:50 on October 15, 2016, the Defendant kept approximately 0.41g of clopon total in G food car in the Defendant’s operation, which was parked in the parking lot of the first floor located in Busan Jin-gu, Busan, with approximately 0.41g of copon total, such as plastic paper paper and disposable copon.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each protocol of seizure and each list of seizure;

1. A narcotics appraisal statement;

1. A report on investigation (calculated additional charges);

1. Photographs;

1. Inquiry reports, personal confinement status, and application of statutes on a copy of judgment;

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. Article 35 of the Criminal Act among repeated crimes;

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

1. The main sentence of Article 67 of the Narcotics Control Act;

1. The reason for sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is the subject of aggravating (a period of one year or three years) types of crimes (a period of one year or three years) (a period of one year or three years), the subject of aggravating (a period of not more than three years of probation), the subject of aggravating (a period of one year or three years of imprisonment), the subject of aggravating (a period of one year or three years of imprisonment), the subject of aggravating (a period of one year or three years of one year or three years)