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(영문) 창원지방법원 2016.11.03 2016고단2832
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

A person who is not a person handling narcotics shall not administer or possess psychotropic drugs, and the defendant, despite that he is not a person handling narcotics, administered or possessed psychotropic drugs, a Mebacule (hereinafter “manculon”) as follows:

1. Around 08:00 on August 25, 2016, the Defendant injected approximately 0.03g of philophones into the left arms of the Defendant, after dilutioning approximately 0.03g of philophones in the Defendant’s dwelling at Changwon-si, Changwon-si C 401.

2. On August 25, 2016, the Defendant, around 11:05, kept approximately 2.32 g of philopon in front of a verification color door on a computer.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each protocol of seizure and each list of seizure;

1. Each narcotics appraisal report and reply to requests for appraisal;

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

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., concerning facts constituting an offense, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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

1. The scope of final sentence due to the mitigation area (6-1.6 months to 6-1.6 months), mitigation area (6-1.6 months), mitigation area (6-2) of Type 2 of the Cooperation in Criminal Investigation) (the scope of recommending punishment), medication, simple possession, etc. (6-1.6 months) (6-2 months to 6-2 years (the decision of sentencing) of the proviso to Article 67 of the Act on the Control of Narcotics, Etc.: 6-2 years and 3 months (the decision of sentencing) of the defendant has the same kind of criminal records, and the defendant possesses a considerable amount of philopon, so the crime is not less severe since he/she administered the philopon and carried a considerable amount of philopon (6-2 years to 201.

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