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(영문) 창원지방법원 2016.11.30 2016고단3340
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

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

No person other than a person handling narcotics shall perform any act of medication of psychotropic drugs.

Despite the fact that the Defendant is not a person handling narcotics, the Defendant administered the psychotropic drugs-related Mebacule (one philophone; hereinafter referred to as “philophone”) as follows:

1. On April 23, 2016, the Defendant: (a) injected DK5 car parked in Crata or parking lot in Changwon-si, Changwon-si B; (b) dumped 0.03g of philopon into aquatic water; and (c) injected on the Defendant’s left part.

2. On June 25, 2016, at around 22:00, the Defendant injected approximately 0.03g of Changwon-si Elllle Elle, at the Defendant’s residence, and 0.03g of philopon on the left hand of the Defendant, and administered the Defendant for administration.

Summary of Evidence

1. Defendant's legal statement;

1. A statement on narcotics appraisal;

1. Police seizure records;

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 the Act on the Management of Narcotics, etc. under Relevant Acts concerning criminal facts, and choice of imprisonment;

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

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

1. Probation under Article 62-2 of the Criminal Act;

1. For the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., the range of final sentence according to the mitigation area (6-1 year and six months), types 3 (6) (6-1 year and one year and six months) (the scope of recommendations), the mitigation area (6-1 year and one year), the mitigation area (6-1 year and one year), the mitigation area (6-1 year and one year-6 months), the mitigation area (6-2 years (the special mitigation area) (6-1 year and one year-16 month): Although there was the same record of suspension of sentence one time (the decision of sentence) but there was a 17-year suspension period, the conditions indicated in the records of this case, such as the age, character and behavior of the accused, family relationship, home environment, motive and means of the crime, and the circumstances after the crime.

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