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(영문) 창원지방법원 진주지원 2019.01.30 2018고단1622
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

140,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. The point of purchase and medication of psychotropic drugs on December 1, 2018;

A. At around 14:50 on December 1, 2018, the Defendant purchased 0.05 g 0.05 g of psychotropic drugs, which are psychotropic drugs in Jinju City Bam, from Jinju City, and from Jinna City D, for a single-use fluor, from Jinna D (hereinafter referred to as “peropon”).

B. At around 16:30 on December 1, 2018, the Defendant injected approximately 0.05g of philophones contained in a single-use injection machine purchased as described above with water at the same place as before 16:30 on December 1, 2018, and in a way of injecting them into the left bloodline.

2. The point of purchase or medication of psychotropic drugs on December 2, 2018;

A. At around 14:30 on December 2, 2018, the Defendant purchased approximately 0.05 g philophones contained in the Bel referred to in paragraph (1) from the above D for a single-use use, from KRW 100,000.

B. At around 14:45 on December 2, 2018, the Defendant injected approximately 0.05g of philophones, which were contained in a single-use injection device purchased as described above, with water, into the left burine and administered them in a way of injecting them into the bloodline.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police seizure;

1. A statement on narcotics appraisal;

1. CCTV photographs;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of subparagraph 3 of Article 2 of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts;

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

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Recommendation and sentence for the application of the sentencing criteria: The number of self-denunciation in the case of a person who has been specially punished in six months to one year and six months;

2. The accused who has been sentenced to sentence shall have the career of being punished for 11 times for narcotics crimes; and

The fact that the defendant voluntarily surrenders is favorable shall be taken into consideration.

In addition, the defendant's age, character and conduct, environment, circumstances of this case, means and results, etc. are shown in the argument of this case.

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