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(영문) 창원지방법원 2017.01.05 2016고단3740

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence 1 to 11 shall be confiscated.

from the defendant.

Reasons

Punishment of the crime

On November 21, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Changwon District Court, and on March 27, 2016, the Defendant completed the execution of the said sentence at the Port Correctional Institution.

No person other than a narcotics handler shall possess or administer a psychotropic mental medicine.

Despite the fact that the Defendant is not a narcotics handler, he possessed and administered the Meart cloptopy (one philopon; hereinafter “philopon”), which is a local mental medicine, as follows:

1. Possession of penphones;

A. On October 19, 2016, the Defendant, parked at the entrance of Jinju City, D on October 2016, 2016, sealed the E-A-S-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W-W

B. On October 25, 2016, the Defendant, around Jinju-si around Jinju-si, carried 12.45g of philopon in front of G University, three philopon 12.45g of a single-time injection machine, and eight fluor of a non-finyl chloride, respectively.

2. On October 24, 2016, the Defendant administered philophones by dilution approximately 0.03g of philophones into the right part of the Defendant’s arms, at the office located in J of J of J of J of J of J of J of J of J of J of J of J of J of J of J of J of J of J of J of J of J of J of J of J

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure;

1. A written appraisal of each drug;

1. Photographs;

1. Report on investigation (Confirmation of additional collection charges);

1. Inquiry about criminal history, current status of personal confinement, and application of a copy of judgment statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. under the relevant Act on criminal facts;

1. Selection of each sentence 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. Reasons for sentencing under Article 67 of the Act on the Management of Narcotics, etc. for Confiscation and Additional Collection [the scope of the recommended punishment], medication, simple possession, etc.