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(영문) 창원지방법원 2017.02.10 2016고단3729

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for two years.

Seized evidence No. 1 shall be confiscated.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal record] On July 25, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (fence) at the Busan District Court on July 25, 2013 and completed the execution of the said sentence on October 19, 2014.

[Criminal facts] No person, other than narcotics handler, shall administer or possess a local mental medicine.

Even if the Defendant is not a narcotics handler, the Defendant administered and tried to administer the Meart cloptopy (one philopon; hereinafter referred to as “philopon”) which is a local mental medicine as follows.

1. On November 6, 2016, at around 12:30, the Defendant: (a) dumped 0.03g of philopon from car SM520 that was parked near D Station located in Busan East-gu, Busan-dong; and (b) injected on the left part of the Defendant’s left part.

2. On November 6, 2016, around 15:00, the Defendant carried approximately 0.58g (Evidence No. 1) in front of G hotel G hotel located in Busan LOF on the left part of G hotel, and carried them in the left part of the engine.

Summary of Evidence

1. Statement by the defendant in court;

1. References to inquiries, each narcotics appraisal report, investigation report (calculated with additional collection charges), and evidence No. 1;

1. Previous conviction in judgment: Application of Acts and subordinate statutes concerning personal confinement and copies of written judgments;

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for which the relevant provision of the Act and the selection of a punishment are applicable to a crime (or selection of imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The reason for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (or an unfavorable circumstance) is that there are several times the records of having been sentenced to imprisonment for the same criminal offense, and that the person repeats the offense during the period of a repeated offense (a favorable condition);