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(영문) 창원지방법원 2017.03.24 2017고단165

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

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

Despite the fact that the Defendant is not a narcotics handler, the Defendant administered or saw the Megatocule (one philopon; hereinafter “philopon”) which is a local mental medicine as follows.

1. On January 15, 2017, at around 21:00, the Defendant injected approximately 0.05g of philopon into the Defendant’s bar located in the “E-Maintenance Factory” in the “E-Maintenance Factory” operated by the Defendant, and injected them into the Defendant’s bar.

2. On January 16, 2017, at around 00:40, the Defendant carried a philophone in which the Defendant divided into two disposable injection machines from “G” 1001 located in Busan Jin-gu, Busan, and stored in a single injection machine by dilution of approximately 0.47g and aquatic water, and carried the philophone in a single injection machine.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure protocol (No. 2 times a patrol);

1. A written appraisal of each drug;

1. Application of the photographic Acts and subordinate statutes;

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. 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. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Grounds for sentencing under the proviso to Article 67 of the Narcotics Control Act and Article 334 (1) of the Criminal Procedure Act;

1. The sentencing guidelines [the scope of the recommended punishment] medication and simple possession, etc. are three types (b) basic areas (one hundred months to two years of imprisonment) (one-half years of imprisonment] [no person subject to special sentencing] [the multiple crime processing guidelines] plus one-half of the upper limit of the range of punishment for other crimes within the upper limit of the range of punishment for basic crimes, the final recommended sentence is ten months to three years of imprisonment.

2. That the amount of penphones handled by the defendant who has made a decision to declare the sentence is low;

It can not be seen, and even if it had already been investigated as the same kind of case.