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(영문) 창원지방법원 2016.07.13 2016고단802
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

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

Despite the fact that the Defendant is not a narcotics handler, the Defendant administered or dipuled the Mefa (one philophone; hereinafter referred to as “philophone”) which is a local mental medicine as follows.

1. On March 28, 2016, around 13:30 on March 28, 2016, the Defendant dilution approximately 0.03g of philopon on the left part of the Defendant’s left part, and administered it.

2. On the same day, the Defendant: (a) divided into 16:55 Gurher 502 Gurher in Busan East-gu F, Busan-do, and approximately 0.2 Gurphone 0.2g in a single-time injection machine; and (b) carried them in a verification color room.

3. At around 19:35 on the same day, the Defendant: (a) divided the foregoing E Switzerland No. 509; (b) approximately 0.91g of philophone into five disposable injection machines; and (c) carried them by inserting them into the luctor for mountain use, and holding them in the luctor for mountain use.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of each drug;

1. Police seizure records;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to the calculation of an additional collection charge);

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

Unfavorable circumstances: After the period of suspension of execution expires for the same crime.

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