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(영문) 창원지방법원 진주지원 2018.02.23 2017고단1151

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

Defendant is not a narcotics handler.

1. Violation of the Act on the Control of Narcotics, Etc. - The Defendant administered a medication on September 13, 2017, in the Defendant’s house located in Jinju-si, Jinju-si, Jinnam-si, by a method of crypting approximately 0.03 g (one philophone; hereinafter referred to as “philophone”) of the mematic medicine, into the mecopum of the mecopum.

2. Violation of the Act on the Control of Narcotics, Etc. - Possession of the Defendant, around 12:16 September 18, 2017, the Defendant possessed the possession by inserting it into a part of the instant unit of C, which was located on the second floor of the said Defendant’s house, with approximately 0.12g of philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure;

1. Copy of protocol concerning the examination of suspect C by the police; and

1. Each response to a request for appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Article 60 of the same Act concerning facts constituting an offense;

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. Article 62-2 of the Criminal Act, such as protection and observation, community service, etc.;

1. Within the scope of the sentencing guidelines for the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (from October to two years), the Defendant’s hair reaction to the training of narcotics was generated from the Defendant’s hair, and the amount of philophones in possession is not specified as 0.12 g. However, the Defendant’s age, sex, environment, circumstances of this case, means and consequence, etc. shall be determined as ordered by taking into account all of the sentencing conditions specified in the instant pleadings, such as the Defendant’s age, sex, environment, circumstances of this case, means and consequence, etc.