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(영문) 창원지방법원 통영지원 2017.11.09 2017고단923
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

10,000 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 November 3, 2015, the Defendant appealed from the Changwon District Court for a violation of the Act on the Control of Narcotics, Etc. and completed the execution of the sentence in the Changwon Prison on March 30, 2016, upon being sentenced to the imprisonment of eight months in the same appellate division at the same court on March 30, 2016.

[Criminal facts]

1. He/she shall not possess, possess, use, transport, control, import, export, manufacture, prepare, administer, administer, administer, deliver, trade, assist in the trade of, or provide narcotics or psychotropic drugs, etc., other than persons handling the Mesapest;

Nevertheless, at around 22:30 on April 23, 2017, the Defendant received from D, who was known to the usual place before his house in Kimhae-si, a single injection injectionist containing 0.05g local mental medicine, free of charge.

Accordingly, the defendant accepted a local mental medicine.

2. He/she shall not possess, possess, use, transport, control, import, export, manufacture, prepare, administer, administer, administer, deliver, trade, assist in the trade of, or provide narcotics or psychotropic drugs, other than a person handling narcotics for Mesamina, etc.;

Nevertheless, around 23:00 on April 23, 2017, the Defendant, at his own house located in Kimhae-si, stored 0.05g of water in a single-use injection machine, received as described in the foregoing paragraph 1, and administered it by means of dilution, after being injected to his right-hand stuff.

Accordingly, the Defendant administered a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with respect to E;

1. Protocols of police seizure and list of seizure;

1. A request for appraisal;

1. Investigation report (including a report on confirmation of the results of investigation conducted by a suspect's maternity appraisal - attached narcotics appraisal report);

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (the same criminal record and confirmation of suspect), and application of Acts and subordinate statutes on personal confinement;

1. Criminal facts;

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