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(영문) 창원지방법원 2016.08.26 2016고단681 (1)
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for three years.

Seized evidence shall be confiscated from 4 to 6, and 9.

From the defendant, 100.

Reasons

Punishment of the crime

[criminal history] On February 12, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Changwon District Court on February 12, 2014, and completed the execution of a sentence on April 25, 2015.

[Criminal facts] A person who is not a handler of narcotics shall not administer or possess a local mental medicine.

Despite the fact that the Defendant is not a narcotics handler, the Defendant administered or dipuled the Mefa (one philophone; hereinafter referred to as “philophone”) which is a local mental medicine as follows.

1. On March 18, 2016, around 12:00, the Defendant injected approximately 0.03 gopon into the right hand hand of the Defendant after dilutioning about 0.03 gopon in Busan Gangseo-gu, Busan, with approximately 509 Mophones.

2. On March 18, 2016, around 23:00, the Defendant: (a) Haststren 18.96gh (No. 4, 5, and 6) stopped on the front of Gangseo-gu Busan Metropolitan City on a pen in three plastic bags; and (b) Hastren 18.96g (No. 4, 5, and 6) was stored in a paper bags.

3. On March 18, 2016, around 23:55, the Defendant put about approximately 1.7ml (Evidence Nos. 7, 8, and 11) 3.48ml (Evidence Nos. 1, 9, 10) of philopon and 1.7ml (Evidence Nos. 7, 8, 11) of curphone No. 1’s 610 as curphone No. 610 as curopon, into a bank.

Summary of Evidence

1. Statement by the defendant in court;

1. An appraisal report, photograph and investigation report of each narcotics;

1. Evidence No. 1, 4 through 11;

1. Previous convictions in judgment: References to inquiries, reports on the unwritten previous convictions and results thereof, and application of Acts and subordinate statutes on personal identification and acceptance status;

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, Article 38 (1) 2, and the main sentence of Article 67 of the Act on the Control of Narcotics, etc. to be Submerged in Article 50 of the said Act for the purpose of aggravated concurrent crimes;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (amended by Act No. 334 of the Criminal Procedure Act) is [any unfavorable circumstance] the defendant shall be sentenced to eight times as his previous convictions.

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