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(영문) 창원지방법원 마산지원 2016.11.30 2016고단1102

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

1,300,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On August 13, 2015, the Defendant was sentenced to one year in Busan District Court for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the above sentence on June 28, 2016.

The defendant is not a person handling narcotics.

1. At around 22:00 on October 22, 2016, the Defendant administered a phiphone in a manner of dilution 309 room in Changwon-si, Changwon-si C by dilutioning approximately 0.03 g of a single psychotropic medication, which is a psychotropic drug, into water, by using a disposable injection device, within the scope of the DNA 309 room in Changwon-si, Changwon-si.

2. On October 23, 2016, around 00:00, the Defendant administered phiphones in a manner of injecting approximately 0.03g of dmophones per copon into water by dilutioning approximately 0.03g of copons per copon into the left part, using a disposable injection device.

3. On October 23, 2016, the Defendant administered philophones by dilution approximately 0.35 g of philophones in the 309 room as stated in paragraph (1) on October 23, 2016.

4. On October 24, 2016, the Defendant: (a) around 07:05 on October 24, 2016, placed in the front day of the model house for the E apartment of Changwon-si, Changwon-si; and (b) carried 0.03g of phiphonephones in one for a single-time injection machine.

Summary of Evidence

1. Defendant's legal statement;

1. The records of seizure and those of seizure prepared by the police;

1. Ratifications (related to attachment of responses to requests for appraisal with the State);

1. A report on investigation (specific relation to additional collection charges);

1. Previous records of judgment: Criminal records and other inquiries, and application of each investigation report (related to confirmation of results of the suspect's search, and attachment of criminal records and judgments of the suspect) shall be made;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., Article 60 (1) 2, Article 4 (1) 1, Article 2 subparagraph 3 (b) (the possession of a phiphone), and the choice of imprisonment

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;