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(영문) 창원지방법원 2017.01.19 2016고합184

마약류관리에관한법률위반(향정)등

Text

Defendant 2 was punished by imprisonment with prison labor for each crime in the judgment of the 2016 Highest 184, and 2016 Highest 283.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to a suspended sentence of six months for a crime of violation of the Narcotics Control Act at the Jung-gu District Court on June 3, 2016, and was sentenced to a suspended sentence of two years for six months. The above judgment was finalized on June 13, 2016 and is currently in the grace period.

[Criminal facts] 2016 Gohap 184

1. Violation of the Narcotics Control Act;

(a) No person related to the drugs of a psychotropic spirit shall use or possess any psychotropic drugs;

Nevertheless, the Defendant used and complained against JWH-018, which is a local mental medicine, and 5F-PB-22, which is similar thereto, (i.e., one bareboat drug; hereinafter “H-01”) as follows.

1) On July 20, 2016, around 01:00, the Defendant used a so-called so-called mental medicine in such a way as to contain and smoke the above so-called so-called so-called so-called so-called so-called so-called so-called so-called “hye drugs” and marijuana in the Defendant’s residence, and to see and smoke the tobacco’s beginning at the Defendant’s residence.

2) On July 21, 2016, around 16:50 on July 21, 2016, the Defendant: (a) placed approximately 0.14g of the total sum of the above Heb drugs and marijuana in a tobacco package in the F&C of the Gyeongnam Regional Police Agency, which was stopped on the front of the Busan Regional Police Station E box located in Busan Regional Police Station D; and (b) placed them in a tobacco package.

(b) No person, other than a handler of narcotics, etc. related to drugs b) of a psychotropic spirit, shall administer or possess a psychotropic mental medicine;

Despite the fact that the Defendant is not a narcotics handler, the Defendant administered and saw the Meart clopty (one philopon; hereinafter “philopon”) which is a psychotropic medicine as follows.

1) On July 21, 2016, at around 01:00, the Defendant administered C building 604, at the Defendant’s residence, and after dilution of approximately 0.03 g of philopon into the Defendant’s right fat.

2) On July 21, 2016, the Defendant, around 16:20, kept approximately 0.98g of philopon in front of the Busan Jin-gu, Busan, by inserting it in a hand room.

2. Any person who violates the Narcotics Control Act;