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(영문) 창원지방법원 2016.04.28 2016고단498

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. On May 13, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Changwon District Court on the part of May 13, 2014, and completed the execution of the said sentence at the Port Correctional Institution on April 18, 2015.

2. No person other than a criminal suspect shall administer a psychotropic drug;

On March 4, 2016, around 19:00, the Defendant administered 0.03 g of Mesofta (one philopon), which is a local mental medicine, delivered by a person who is “E” from a separate debt inside the “D” located in the Cheongnam Cheong-gun, Cheongnam-gun, U.S., in a way that the Defendant administers 0.03 g of Melopon (one philopon) by means of b

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. An appraisal report on each drug and a reply to inquiry;

1. Investigation report (verification of the suspect's location of the base station in real time relating to the time of administration of phiphones) and real-time location tracking status;

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

1. Previous convictions in judgment: Inquiry about criminal history, reporting on the results of previous convictions without disposition, reporting on investigation (along of the term of punishment, and attaching documents of judgment, etc.); copy of judgment; number of persons under confinements/applications to statutes;

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

1. Reasons for sentencing [the scope of recommended punishment] under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (one-time medication of 100,000 won) [the scope of recommended punishment], the area of aggravated punishment (1-3 years to be specially aggravated) (1-3 years to be declared] under the following circumstances, and the defendant's age, sex behavior, family environment, motive and means of the crime, and circumstances after the crime, etc., the sentence shall be determined as per the disposition, taking into account the circumstances that are the sentencing conditions specified in the records of this case, such as the following circumstances and the defendant's age, sex, family environment, motive and means of the crime.

Unfavorable circumstances: Narcotics-related crimes are highly harmful to society and risk of recidivism.