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(영문) 창원지방법원 마산지원 2012.09.12 2012고단274

마약류관리에관한법률위반(향정)등

Text

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

The evidence seized shall be confiscated from the accused.

Reasons

Punishment of the crime

On April 1, 2011, the Defendant was sentenced to imprisonment with prison labor and six months at the Changwon District Court on April 1, 201, and completed the execution of his/her sentence in the Chungcheong Prison on April 5, 2012.

1. Violation of the Narcotics Control Act;

A. Even if the Defendant is not a person handling narcotics, on April 6, 2012, the Defendant possessed for the purpose of medication 0.91g of Mespile 0.91g of psychotropic drugs purchased from D in the Young-gun C market around April 6, 2012 by April 13:00.

B. Even if the Defendant is not a person handling narcotics, on April 8, 2012, around 09:30, the Defendant administered approximately 0.05g of psychotropic drugs Mespilee E, in a coffee, in a way of dilution with the water.

2. Around 13:20 on April 8, 2012, the Defendant: (a) carried a deadly weapon, without justifiable grounds, likely to be publically used for a crime prescribed in the Punishment of Violences, etc. Act, when the Defendant lacks the ability to change things or make decisions due to the state of decliation, and mental illness caused by administration of psychotropic drugs, such as the foregoing paragraph 1(b) at C market, by carrying a dangerous weapon (20cm in length, 11cm in knife), which is a dangerous thing in the Defendant’s house, and the Defendant’s knife in the Defendant’s knife with the word “I want to kill knife knife knife knife knife knife knife knife knife knife knife knife.”

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure;

1. Each report on investigation;

1. The results of a simplified test of reagents, and the results of a urine test;

1. Written correspondence (written replys to requests for correspondence 1,2);

1. Results of the mental appraisal of this court;

1. Previous convictions in judgment: References to criminal records, copies of written judgments, copies of release of convicted prisoners, notification of detention, and Acts and subordinate statutes;

1. Article 60 (1) 3, Article 4 (1), and Article 2 subparagraph 4 (b) of the Act on the Control of Narcotics, Etc., for the sake of criminal facts and the selection of a sentence.