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(영문) 창원지방법원 마산지원 2017.08.08 2017고단620
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

On March 13, 2017, at around 19:00, the Defendant administered a phiphone in a way that marphones (one philopon; hereinafter “philopon”) clopon, which is a local mental medicine, are dilutiond with approximately 0.06g of water, two times in a single-use injection device, and is injected into the left arms on two occasions using a single-use injection device.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. Report on the result of the preliminary test of narcotics;

1. A written appraisal of each drug;

1. Application of Acts and subordinate statutes to a report on investigation (calculated amount);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning facts constituting an offense (the choice of imprisonment with prison labor);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for up to two years (the scope of the recommended punishment), medication, simple possession, etc. (up to 10 months to 2 years) in the basic area (up to 2 years from 10 months);

2. Determination of sentence: The sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission.

Since narcotics crimes are seriously adverse to society by directly infringing on national health and causing various crimes, there is a high need for public interest to eradicate them.

There is a history of punishment for the same crime.

The favorable circumstances: The crime of this case is against the law.

The punishment for the same crime is about 20 years, considering that it has been punished for the same crime.

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