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(영문) 창원지방법원 2017.05.17 2017고단299
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 April 3, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Busan District Court on April 3, 2014, and completed the execution of the said sentence on May 18, 2015.

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

Even if the Defendant is not a narcotics handler, the Defendant traded and administered Metepha (one philopon; hereinafter “philopon”) which is a local mental medicine as follows.

A. On December 24, 2016, the Defendant purchased and sold 100,000 won in cash to the said D at the residence of D located in Busan Shipping Daegu, Busan, on December 24, 2016, and issued approximately 0.03 g of Handphones from D.

2) On the same day as the preceding paragraph, the Defendant received 100,000 won in cash from G in front of F in Busan Northern-gu, Busan, and sold and purchased approximately 0.03 g of philopon purchased from the said G as above.

B. On January 22, 2017, the Defendant administered opon medication at the “I” restaurant located in Busan Shipping Daegu H, around 23:00, using approximately 0.03g g of opon to the copon coffee mixing.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect concerning G to the prosecution;

1. A statement on narcotics appraisal;

1. Report on investigation (Confirmation of additional collection charges);

1. Previous convictions in judgment: The application of inquiry statements and the Acts and subordinate statutes on personal acceptances;

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for which the relevant provision of the Act and Article 60 of the Act on the Management of Narcotics, Etc., for the Fact of crime is applicable, and Articles 60 (1) 2, 4 (1), and 2

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. In the case of crimes No. 1 for reasons of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., an important cooperation in investigation (one year to two years) in the basic area (one year to two years), including the category No. 2 (mariju, fab, c., etc.) (one year to two years), the basic area (a person subject to special mitigation) / previous crimes of the same kind and previous crimes (a stay of execution within three years).

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