beta
(영문) 창원지방법원 2017.04.21 2016고단3790

마약류관리에관한법률위반(향정)

Text

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

Seized evidence 1 or 2 shall be confiscated.

10,000 won from the defendant.

Reasons

Punishment of the crime

[criminal history] On July 2, 2015, the Defendant was sentenced to one year of imprisonment with labor for a violation of the Narcotics Control Act (compact) in the Support for the Support for the Support for the Support for the Support for the Support for the Support for the Support of the Support for the Support for the Support of the Support for the Support for the Support for the Support of the Support for the Support for the

[Criminal facts] No person, other than narcotics handler, shall administer or possess a local mental medicine.

Despite the fact that the Defendant is not a narcotics handler, the Defendant administered and tried to administer the Metepha (one philopon; hereinafter “philopon”) which is a local mental medicine as follows.

1. On November 13, 2016, at around 13:00, the Defendant stopped in the vicinity of the “D Station” located in the Gyeonggi-do Gwangju Metropolitan City, and injected approximately 0.05 g of philopon into the upper part of the Defendant’s right hand hand over, and administered the vehicle.

2. On November 13, 2016, around 17:35, the Defendant: (a) divided into two parts of 1.06g of philopon around the 'Gururine located in F, Busan, and packaged it as a paper plastic bag; and (b) possessed the Defendant’s smartphone case into a paper plastic bag.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on investigation (calculated additional collection charges);

1. Police seizure records;

1. A written appraisal of each drug;

1. Photographs;

1. Previous conviction in judgment: Inquiry about criminal history and application of Acts and subordinate statutes concerning personal confinement;

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. under the relevant Act on criminal facts (selected to imprisonment with prison labor);

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

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. 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 sentencing guidelines [the scope of recommended punishment] Simple possession, etc. of medications and the basic area (10 months to 2 years from 10 to 2 years from imprisonment) (the person subject to special sentencing) of the basic area (the special sentencing factors) / the important cooperation for investigation (the mitigation factors) / the same criminal record (the criteria for multiple crimes) / the upper limit of the sentence range of basic crimes.