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(영문) 창원지방법원 밀양지원 2018.05.17 2017고단565
마약류관리에관한법률위반(향정)
Text

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

400,000 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

[criminal history] On July 8, 2014, the Defendant was sentenced to eight months of imprisonment with labor for a violation of the Narcotics Control Act at the Changwon District Court, and completed the execution of the sentence at the Changwon Prison on January 11, 2015.

[Criminal facts]

1. On September 17, 2017, around 06:00 on September 17, 2017, the Defendant, at the Defendant’s residence located in C, 201, was administered once in a way that the Defendant, who had previously been in possession, injected approximately 0.03g of Meptamins into a single-use cream with a single-use solution after dilutioning the Meptamins into a single-use solution.

Accordingly, even if the Defendant is not a narcotics handler, he administered a philophone, which is a local mental medicine.

2. On October 8, 2017, around October 22, 2017, the Defendant administered one time in the same place as the above-mentioned 1 at around 22:00 on October 8, 2017, and in the same manner 0.03g of Mepta.

Accordingly, even if the Defendant is not a narcotics handler, he administered a philophone, which is a local mental medicine.

3. On October 29, 2017, the Defendant, at around October 29, 2017, administered one time in the same place as the foregoing paragraph 1, at around October 29, 2017, and in the same manner as 06:00, and 0.03g of Mepters.

Accordingly, even if the Defendant is not a narcotics handler, he administered a philophone, which is a local mental medicine.

4. On October 30, 2017, the Defendant, at around October 30, 2017, administered one time in the same place as the above-mentioned 1 at around 08:00 on October 30, 2017, and in the same manner 0.03g of Mepta.

Accordingly, even if the Defendant is not a narcotics handler, he administered a philophone, which is a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. A report on the result of the preliminary test of narcotics;

1. A statement on narcotics appraisal;

1. A gene appraisal report;

1. Previous convictions in judgment: The application of a reply to inquiry, such as the result of search by prisoners and criminal history, and the provisions of Part III of the judgment;

1. Article 60(1)2, Article 4(1), and Article 2 subparag. 3 of the Act on the Management of Narcotics, Etc., for the sake of criminal facts and the selection of punishment.

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