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(영문) 창원지방법원 2016.05.26 2016고단839
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

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

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

1. On April 2, 2016, at around 03:00, the Defendant provided C building 203, at the Defendant’s residence, with approximately 0.03g of philopon d, upon receiving a request from a social ship-owner D, in a way of dilution of philopon 0.03g on the right side of the said D, and then giving it to the right side of the said D.

2. On April 4, 2016, at around 09:00, the Defendant injected approximately 0.03g of philophones into the right side of the Defendant, and administered them on the right side of the Defendant.

3. The Defendant provided approximately 0.03g of philophonephones in the same date, time, place, and 0.03g of philophones by means of injecting on the right part of the E (n, 16 years old) known through smartphone-making fishing, after dilutioning them with aquatic products.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of D by the prosecution (including the part concerning the statement of the defendant's replacement);

1. Two-time suspect interrogation protocol against the accused (including the part concerning the E-examination statement);

1. Each protocol of seizure and the list of seizure;

1. A report on investigation (related to the calculation of an additional collection charge);

1. Each request for appraisal, reply to request for appraisal, and application of statutes on narcotics appraisal;

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. and Selection of Punishment for Crimes, Articles 60 and 60 (1) 3 and 2 of the same Act on the Management of Narcotics, etc. and Selection of Punishment

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

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;

1. Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection, etc. of Social Service Orders;

1. Two types of crimes (the scope of recommendations), including the sale and purchase of, and assistance to, the crimes for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

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