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(영문) 창원지방법원 2017.05.24 2017고단1067
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 1 shall be forfeited from the accused.

Money from the Defendant.

Reasons

Punishment of the crime

[Criminal Records] Cases: The judgment of the Changwon District Court on November 14, 2014, which was sentenced to the Act on the Control of Narcotics, Etc.: Imprisonment with prison labor for a period of one year and three months: the termination of the execution of a prison detention house on December 31, 2015 / [criminal records]

1. On March 19, 2017, the Defendant: (a) stopped in front of D University C located in the window of Changwon-si on March 19, 2017; (b) 2 of a disposable injection machine, which contains approximately 0.03 g of clopon to E and F, without compensation.

2. On April 3, 2017, the Defendant administered philophone medication by inserting approximately 0.03g of philophone into a single-use injection machine at the Defendant’s residence in the Changwon-si, Changwon-si, Seoul Special Metropolitan City, and 302g of philophones into a single-use injection machine, dilution with water, and then administering the medication in a way of injection.

3. On April 3, 2017, the Defendant: (a) put the instant G building 302 around 11:05, and approximately KRW 2.05 g of philophone into a vinyl stuff; (b) carried the instant G building on his/her own, and carried it on his/her book.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspects of the police against E or F;

1. Application of Acts and subordinate statutes to each protocol of seizure;

1. Imprisonment with prison labor for a crime under Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of Narcotics, Etc. and the Management of Narcotics, Etc.;

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. 300,000 won/amount to be collected additionally under Article 67 of the Act on the Control of Confiscation and Collection of Narcotics: 100,000 won/per medication x three installments (per one minute under paragraph (2) of the judgment in the judgment in the second part under paragraph (1));

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is 2nd to the basic aggravation of the classification by types. (b) The sentencing of Article 334(1) of the Criminal Procedure Act is 2nd to the basic aggravation of the classification by types. (c) The sentencing guidelines between August and June 1 from June 1 to June 2 from June 1 to April 4 (the representative explanation is limited to the crimes to be issued in the decision): the sentencing of the aggravated factors (within 3 years of the same kind): the aggravated factors (1 year and June 4 years from the aggravated area): the general sentencing factors (the same kind of criminal records within 10 years) and the mitigated factors (general cooperation in investigation).

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