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(영문) 창원지방법원 통영지원 2018.02.22 2017고단1859

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. No person, other than a handler, shall possess, possess, use, transport, control, import, export, manufacture, prepare, administer, administer, administer, deliver, trade, assist in the trade of, or provide narcotics or psychotropic drugs;

Nevertheless, on March 5, 2016, the Defendant sold 0.22 g 20,000 won to D from March 5, 2016, from March 3, 2016.

Accordingly, even if the Defendant is not a narcotics handler, the Defendant purchased and sold Metropha, which is a local mental medicine.

2. No person, other than a person handling narcotics, shall possess, possess, use, transport, control, import, export, manufacture, prepare, administer, administer, administer, deliver, trade, assist in the trade of, or provide narcotics or psychotropic drugs;

Nevertheless, on July 20, 2017, the Defendant administered a medication by dilution 0.03g of Mepta, which was kept in the E’s residence, at around the same time.

Accordingly, even if the Defendant is not a narcotics handler, the Defendant administered the Metropha, which is a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Copy of each protocol concerning the examination of suspect of the police against D;

1. A mobile phone digital evidence analysis message (A counterpart);

1. Application of Acts and subordinate statutes to a report on investigation, report on the results of preliminary tests on narcotics, response to a request for appraisal, response to a request for appraisal, report on investigation (calculated as a penalty - 800,000 won);

1. Relevant legal provisions of the Act on the Management of Narcotics, etc., and Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, etc., and the Selection of Imprisonment with prison labor for each crime;

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. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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

1. The order of provisional payment;