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(영문) 창원지방법원 2016.08.31 2016고단1718

마약류관리에관한법률위반(향정)

Text

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

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

Reasons

Punishment of the crime

On August 20, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act in the Changwon District Court Msan Branch, for one year and two months, and ten months from September 18, 2015, and the execution of the said sentence was completed in the branch of the Daejeon District Court Seowon Branch on May 30, 2016. < Amended by Act No. 1424, May 30, 2016>

No person other than a narcotics handler shall administer a psychotropic mental medicine.

Despite the fact that the Defendant is not a narcotics handler, at around 20:0, around June 6, 2016, at the influence room of “D” located in Changwon-si Maspo-si C, Changwon-si, Changwon-si, the Defendant injected approximately 0.03g of Melapphone (hereinafter “diphonephone”), which is a local mental medicine, into the Defendant’s office, and injected them into the Defendant’s office.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. A statement on narcotics appraisal;

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

1. Previous convictions: Inquiry about criminal history, reporting of the previous convictions of the disposition, reporting of the results of confirmation, and applying two copies of the judgment, and Acts and subordinate statutes concerning personal confinement;

1. Selection of a person who commits a crime under Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act, or a person who is punished by imprisonment;

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

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommended punishment] medication, simple possession, etc.

Normals disadvantageous: A person who is a repeated offender of the same kind and has been committed for the same seven times of punishment: A person who surrenders himself/herself;