beta
(영문) 창원지방법원 2018.12.06 2018고합219

마약류관리에관한법률위반(향정)

Text

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

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

The amount equivalent to the above additional charges.

Reasons

Criminal facts

The facts of the cause of the medical care and custody [criminal records] Defendant and the requester for the medical care and custody (hereinafter referred to as “Defendant”) were sentenced to imprisonment with prison labor for a crime of violation of the Narcotics Control Act at the Changwon District Court on August 17, 2017, and on December 25, 2017, other than narcotics criminal records, for which the execution of the sentence has been completed, are 11 times more.

[Criminal facts] The Defendant is not a narcotics handler

From October 1, 2018 to around the 5th day of the same month, the Defendant administered a phiphone in a way that 0.03g of clogram, which is a local mental medicine, on a one-time basis, in the toilet at the third floor of the Sil-gu Office of the building in Changwon-si, the third floor of the Sil-gu Office, the Defendant administered approximately 0.03g of clophones, which is a local mental medicine, on a coffee.

[Fact of the cause of the medical care and custody] Defendant 1 is a person who has a habition or addiction to injecting a native mental medicine as above and constitutes a person who commits a crime corresponding to imprisonment without prison labor or heavier punishment, and needs to receive medical treatment at the medical care and custody facility, and there is a risk of re-offending without receiving medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Written replys (in return on the result of a reeded family), requests for appraisal, replys to requests for appraisal, replys to respective requests for appraisal, narcotic appraisal, and gene appraisal;

1. Investigation report (Attachment of a report on the result of the preliminary experiment on narcotics against the skin's base - philopon training), investigation report (Attachment of a photograph of a son, which is confirmed in both arms of the skin);

1. Report on the results of preliminary tests on narcotics, etc., and its photograph, etc.;

1. Previous convictions in judgment: References to inquiries, such as criminal history (A), and copies of investigation reports (a)

1. As indicated in the judgment, the need for medical treatment, and the risk of recidivism: The following circumstances acknowledged by the evidence as follows: ① the Defendant has been punished more than 12 times by committing a crime such as the medication of a phiphone, in addition to the instant case; ② In particular, the Defendant administered a phiphone during the period of repeated crime resulting from the crime of the same kind of drug.