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(영문) 광주지방법원 목포지원 2017.06.08 2017고단216

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

No person, other than a narcotics handler, shall administer a chroopopic (one philopopon; hereinafter referred to as "philopon") which is a local mental medicine.

1. On September 26, 2016, the Defendant, at around 01:0 on September 26, 2016, injected once by inserting approximately 0.05g of philophone into a single-use injection instrument and dilution with bio-fluoring into a single-use injection instrument and administering one-time medication on the left part of the pipe.

Accordingly, even if the Defendant is not a narcotics handler, he administered a philophone, which is a local mental medicine.

2. On September 27, 2016, the Defendant: (a) administered one-time medication in the manner of injecting “D” 801, which was located in Sinpo City 00:00 on September 27, 2016; (b) inserting approximately 0.05g of philophone into a single-use injection instrument; and (c) dilution with scopphones into one’s fingers, etc.

Accordingly, even if the Defendant is not a narcotics handler, he administered a philophone, which is a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police interrogation protocol regarding E;

1. Spanish photographs from DNA CCTV;

1. Application of each request for appraisal-related Acts and subordinate 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., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

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

1. The first crime for the reason of sentencing under Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1) of the Criminal Procedure Act (amended by Act No. 10 to 2) without the basic area (10 months to 2 years) (the scope of recommended punishment) (the scope of recommended punishment) of the second crime [the scope of recommended punishment] of the basic area (10 months to 2 years), such as medication and simple possession (the person subject to special sentencing] (10 months to 3 years), the basic area (2 years) of the three types (the scope of recommended punishment) of the three types (the person subject to special sentencing) (the person subject to special sentencing): 10 months to 3 years [the decision of sentence].