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(영문) 창원지방법원 2017.10.17 2017고단1819

마약류관리에관한법률위반(향정)

Text

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

Seized evidence 3 to 5 shall be confiscated.

400,000 won from the defendant.

Reasons

Punishment of the crime

On January 21, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Ulsan District Court on January 21, 2015 and completed the execution of the sentence on October 12, 2016.

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated the Metropha (the clopphone; hereinafter referred to as “philophone”) which is a local mental medicine as follows:

1. Medication of phiphones;

A. On May 16, 2017, at around 18:00, the Defendant, at the Defendant’s residence of Kimhae-si C 301, put approximately 0.05g philopon into a single-use injection instrument, dilution with water, and administered them by means of injection with their blood cells.

B. On May 17, 2017, around 02:00, the Defendant administered approximately 0.05g philopon at the Defendant’s residence, and around 0.05g philopon in the above manner.

(c)

On May 18, 2017, at around 18:00, the Defendant administered approximately 0.05g philophones in the dwelling of the Defendant, at around C 301, in the above manner.

(d)

At around 03:00 on May 19, 2017, the Defendant administered approximately 0.05 g of philophones in the dwelling of the Defendant No. C 301, and in the above manner.

2. On May 20, 2017, around 23:40, the Defendant: (a) placed a penphone in the Defendant’s residence of the said C C 301; (b) placed approximately 3.61g of a vinyl in a vinyl wing box; and (c) carried a kitchen in the same coffee cryp.

Summary of Evidence

The application of Acts and subordinate statutes to an investigation report (the confirmation of the date of release and the attachment of a certified copy of the judgment) on the investigation report (the report on the calculation of additional collection charges) by a defendant on the

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Selection of and Management of Narcotics, Etc. for Crimes (or Selection of Imprisonment with prison labor);

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

3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

4. Grounds for sentencing under Article 67 of the Act on the Management of Narcotics, etc. subject to Confiscation and Collection.

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Simple medication, possession, etc. of the penalty for each criminal fact / The area of increase (within three years);