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(영문) 창원지방법원 2017.11.08 2017고단2813
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On March 20, 2014, the Defendant was sentenced to imprisonment for a violation of the Act on the Control of Narcotics, etc. at the Changwon District Court on one year and three months on October 23, 2014, and completed the execution of the sentence at a detention center in the Tongwon District Court on October 23, 2014.

Even if the Defendant is not a narcotics handler, the Defendant treated the Metropha (the diaphonephone, hereinafter referred to as the philophone), which is a local mental medicine, as follows:

1. On July 28, 2017, the Defendant administered philopon in a manner of injecting D Hospital located in Sacheon-si C on July 28, 2017, inserting approximately 0.03g of philopon into a single-use injection instrument, dilution with water, and administering philopon into his own arms.

2. On August 12, 2017, on August 12, 2017, the Defendant administered philophones in a manner of inserting approximately 0.03g of philophones into a single-use toilet and dilution them with water from a FPC toilet located in Sacheon-si, Sacheon-si on August 12, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Written delivery (written reply to a request for appraisal - Two copies of the written appraisal of narcotics);

1. Investigation report (to attach photographs of the State on the date of injection confirmed by the suspect's motor vehicle);

1. A report on investigation (the confirmation of a surcharge thereon);

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, (A), a report on investigation (verification of the convict of a suspect), a report on investigation (prior convictions related to a suspect repeated crime and details of expropriation) to 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., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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. Type 1 of the Act on the Control of Narcotics, Etc. for Sentencing reasons under the proviso to Article 67 (1) of the Act on the Control of Narcotics, Etc. (the scope of a recommendation), medication, simple possession, etc. (the scope of a punishment), the subject of the aggravated punishment (one to three years) (one to three years), and the subject of the aggravated punishment (the subject of a special aggravated punishment) of the same type (the subject of a suspended sentence for not more than three years) [the scope of a recommendation] medication, simple possession, etc.

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