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(영문) 창원지방법원 2016.08.31 2016고단2065
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 or 2 shall be confiscated from the accused.

from the defendant.

Reasons

Punishment of the crime

On December 4, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on December 4, 2015, and the execution of the said sentence was completed on June 2, 2016 at the Busan Correctional Institution.

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

Despite the fact that the Defendant is not a narcotics handler, the Defendant administered and tried to administer the Metepha (one philopon; hereinafter “philopon”) which is a local mental medicine as follows.

A. On June 25, 2016, at around 12:00, the Defendant injected approximately 0.03g of philopon into the Defendant’s residence, and 0.03g of philopon into the right part of the Defendant’s body.

B. On June 26, 2016, around 08:50, the Defendant kept approximately 1.75g of phiphones in his/her hand room and possessed them.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of each drug;

1. Police seizure records;

1. A report on investigation (calculated additional collection charges);

1. Previous convictions in judgment: Inquiry about criminal history, application of one copy of judgment, and application of Acts and subordinate statutes concerning personal confinement;

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

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommended punishment] medication, simple possession, etc. (one year to three years) in the area of aggravation (one year to three years) [the person subject to special aggravated punishment] / [the decision of a suspended sentence for not more than three years] in the following circumstances and the defendant's age, sex, sex, family relation, family environment, motive and means for committing a crime, and circumstances after committing a crime, etc., the sentence shall be determined as ordered by the order.

Unfavorable circumstances: A repeated offense is the same kind of offense.

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