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(영문) 창원지방법원 2017.11.17 2017고단3364

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

The amount equivalent to the above additional collection charge.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

around 18:00 on March 4, 2017, the Defendant, at the home of the Defendant, 110-dong 307-dong 110-dong 307 of Kimhae-si, and, at the home of the Defendant, put about 0.03g of Melapphone, a local mental medicine, which was delivered by D without compensation, into a single-use injection machine, and injected it by means of injection into one’s own arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (Attachment to an appraisal report on and calculation of a foreign country and a primary suspect's minor narcotics, and an additional collection charge);

1. Application of the police seizure protocol statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning facts constituting an offense (the choice of imprisonment with prison labor);

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The aggravated area (one year to three years) of the sentencing criteria [the scope of the recommended punishment] and the aggravated area (one year to three years of imprisonment] (the person subject to special sentencing] of the same kind and the previous offense (the aggravated factors of suspended execution for not more than three years) of the same kind and the previous offense (the aggravated factors of suspended execution within three years);

2. The Defendant, who was sentenced to a sentence, will reflect in depth the error and will not further repeat the sentence.

It seems that the dependence on the drug in which the drug was not detected in the Mosp of Mosp seems not to be more severe.

It is a matter of simple medication without involvement in the manufacture, distribution, etc. of philophones.

There are many transfers of philophones handled.

It seems that cooperation has been made in the relevant investigation such as true statements about the source and the upper line of philophones.

However, since narcotics-related crimes are at risk of harming the health and social safety of the people as well as avoiding the body and mind of an individual, it is not easy for the defendant to mephones without permission.

In addition, the defendant has already been punished twice for the same crime, but he has not been aware of it, and in particular, the defendant has committed a second offense before two years.