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(영문) 창원지방법원 2017.08.10 2017고단1014

마약류관리에관한법률위반(향정)

Text

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

Seized evidence 1 to 3 shall be confiscated.

20,000 won from the defendant.

Reasons

Punishment of the crime

On October 22, 2014, the Defendant was sentenced to one year from the Changwon District Court to imprisonment with prison labor for a crime under the Narcotics Control Act, etc., and completed the execution of the sentence on October 20, 2015.

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. On February 26, 2017, the Defendant administered a philopon in the manner of inserting approximately 04:50 on February 26, 2017, in the Defendant’s residence located in C at the window of Changwon-si, and 0.03g of philopon into a single-use injection instrument, dilution with water, and injection with his/her arms.

2. On March 18, 2017, the Defendant administered a philopon in the manner of inserting around 21:00 the residence of the above Defendant, inserting approximately 0.03g of philopon into a single-use injection machine, dilution with water, and injection with his/her arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Letters of the written prosecution for the prosecution;

1. A statement on narcotics appraisal;

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

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

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (the confirmation of the date on which the suspect was released recently);

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 Sentence 3, Article 60 of the Act on the Management of Narcotics, Etc. (Selection of 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. 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 sentencing guidelines [the scope of the recommended punishment] Simple possession, etc. of medications and the basic area (10 months to 2 years of imprisonment) (the person subject to special sentencing) / [the person subject to special sentencing] important cooperation (the factors subject to mitigation) / the same criminal record (aggrav elements) / the criteria for processing multiple crimes / the upper limit of the range of punishment for other crimes / the upper limit of the range of punishment for other crimes.