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(영문) 창원지방법원 2017.07.20 2017고단1894

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

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

1. The Defendant, on June 2, 2017, administered philophone medication in a non-use 301 popon medication, containing approximately 0.03 gopon into a single-use popon injection instrument, dilution it into one’s arms, and injection into one’s arms.

2. On June 2, 2017, the Defendant: (a) placed the instant DNA telephone 305 on June 2, 2017; (b) placed approximately 0.6g of philophones on a transparent plastic bags; and (c) carried them in one’s inner wall.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (attaching a report on the result of preliminary tests of narcotics);

1. Investigative report (inform of an excursion ship with regard to ingredients and weight of the urgently seized object and the result of appraisal by a State or a local government);

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

1. A statement on narcotics appraisal;

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

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. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. The scope of the final sentence according to the aggravation of multiple offenses in the basic area (one hundred months to two years) of the three types (one-three years), including medication, simple possession, etc. of the sentencing criteria (the scope of the recommended punishment), and the scope of the final sentence: October to three years;

2. It is so decided as per Disposition by the assent of all participating Justices, taking into account the following: (a) the Defendant’s decision to sentence the instant crime recognized and misjudgments the mistake; (b) the fact that the Defendant will cut narcotics and live a new life in the future; and (c) there is no previous conviction for the same kind of crime; and (d) the execution of imprisonment is suspended at once.