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(영문) 창원지방법원 마산지원 2017.04.12 2017고단118

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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.

1. On December 2016, 2016, the Defendant administered philophones in a way that marphones (one philophones; hereinafter “philophones”) which are a local mental medicine once in the dwelling of the Defendant in the Haban-gun, Haban-gun, Haban-gun, and 2nd century by dilutioning approximately 0.03g of water into the left arms by using a single-use injection device.

2. On December 7, 2016, the Defendant administered phiphones in a way that the Defendant injected the phiphones into the left part by dilution of approximately 0.03g of a single phiphone, a single scopon into the dwelling of the Defendant as indicated in the foregoing paragraph (1) at the time, and by using a single copon into the left part.

3. On December 10, 2016, around 13:20, the Defendant administered phiphonephones in a manner of injecting Echier’s car owned by the Defendant, which is parked on the D’s street near the Hagunnam-gun, and in a manner of injecting approximately 0.03g of philophones per minute into the left part by dilution with a single-time injection device.

4. On December 10, 2016, the Defendant: (a) sealed D’s street in the vicinity of D, Gyeongnam-gun, Gyeongnam-gun, in white paper, and 0.23g of philopon 0.23g.

Summary of Evidence

1. Statement by the defendant in court;

1. Each response to a request for appraisal;

1. A protocol of seizure and a list of seizure;

1. Photographs of seized articles;

1. Application of Acts and subordinate statutes to a report on investigation (calculated amount);

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 Prevention of Criminal Facts and the Selection of Punishment (the administration of phiphonephones and the possession of phiphones and the selection of punishment for imprisonment);

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 stay of execution (The following conditions of sentencing shall be considered as favorable among the reasons for sentencing);

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Although the reasons for sentencing under the proviso of Article 67 of the Act on the Management of Narcotics, Etc. have been punished for the same kind of crime in 2010, the fact that the Defendant voluntarily surrenders to the Republic of Korea after the instant crime, and his mistake.