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(영문) 창원지방법원 마산지원 2017.07.21 2017고단502

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than eight months.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On November 30, 2016, the Defendant was sentenced to a suspended sentence of two years for a violation of the Narcotics Control Act at the Changwon District Court for six months, and the said judgment became final and conclusive on December 8, 2016, and the said suspended sentence was revoked on February 8, 2017, and is currently in the execution of the said sentence at the Changwon Prison.

Defendant is not a narcotics handler.

1. On December 18, 2016, at around 22:00, the Defendant administered a phiphone by dilution approximately 0.03g of a single scopon, which is a local mental medicine, by dilutioning 0.03g of a single scopon, which is a part of a single scopon, into the left hand of the Defendant’s residence.

2. On January 23, 2017, at around 22:00, the Defendant administered phiphones by dilution approximately 0.03g of philopon into the left hand by using a disposable injection device, at the influorial protection room near the Dongdaemun-gu Seoul Metropolitanro 6A.

Summary of Evidence

1. Statement by the defendant in court;

1. A response to a request for appraisal, and a narcotics appraisal report;

1. A report on investigation (calculated amount additionally);

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning facts constituting an offense (the choice of imprisonment with prison labor);

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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. The aggravated area (one year to three years) in the area of aggravation (one year to three years), such as the application of the sentencing guidelines (the scope of the recommended punishment), medication, simple possession, etc. (the period of suspension of execution within three years);

2. Circumstances unfavorable to the decision of sentence: The circumstances favorable to the fact that the Defendant committed the instant crime during the period of suspended execution due to the same crime: The above conditions are favorable to the Defendant prior to recognizing and reflecting the instant crime;