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(영문) 창원지방법원 2016.09.01 2016고단1905

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

A person other than a person handling narcotics shall not perform an act of medication of a psychotropic drug cambane (one camphone; hereinafter referred to as a "philophone").

Despite the fact that the Defendant is not a person handling narcotics, at around 02:00 on the middle of November 2015, the Defendant administered approximately 0.03g of philopon on the left part of the Defendant’s left part after dilutioning approximately 0.03g of philopon from the warehouse of “C” underground floor of the Defendant’s operation in Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Relevant Article of the Criminal Act and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., and Selection of Imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act (i.e., confessions and reflects, the defendant has no record of the same punishment since 2008, and the circumstances shown in the pleadings of this case, such as the background of the crime of this case, the age, character and conduct, environment, etc. of the defendant);

1. The proviso to Article 67 of the Narcotics Control Act;