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(영문) 창원지방법원 2016.08.18 2016고단1880

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal record] On August 8, 2013, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on the part of August 8, 2013, and completed the execution of the said sentence at the Cheongju Women’s Prison on April 18, 2014.

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

Despite the fact that the Defendant is not a narcotics handler, the Defendant provided, administered, or imperged the Megical drugs (one philopon; hereinafter referred to as “philopon”) as follows.

A. On June 12, 2016, at around 14:00, the Defendant provided NAB 401, at the Defendant’s residence, and approximately 0.03g of philophones to D, who live together with approximately 0.03g of philophones.

B. The Defendant, at the same time and place as referred to in the preceding paragraph, injected approximately 0.03g of philopon on the left part of the Defendant, and administered it on the left part of the Defendant.

(c)

On June 13, 2016, at around 10:45, the respondent was placed in the inner room of the above defendant's residence, in a penphone 0.55 g of phiphone 0.55 g, and carried it.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Each police seizure report and each narcotics appraisal report;

1. Photographs;

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

1. Previous convictions: Inquiry about criminal history, current status of personal confinement, and application of the text of the judgment;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Articles 60 (1) 2 and 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. for which the preparation of a sentence is made, and the selection of imprisonment for a crime;

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 sentencing conditions indicated in the records of the instant case, including the following circumstances and the Defendant’s age, sex, family relation, family environment, motive and means of the crime, and circumstances after the crime, for the reason of sentencing under the proviso of Article 67 of the Narcotics Control Act (one-time medication of philopon) (one hundred thousand won per philopon), shall be imposed as ordered.