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(영문) 창원지방법원 2017.05.11 2017고단69
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Seized evidence No. 1 shall be confiscated.

10,000 won from the defendant.

Reasons

Punishment of the crime

1. On May 19, 2016, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Narcotics Control Act in the Busan District Court’s branch branch branch branch branch, and completed the execution of the said sentence on December 13, 2016.

2. No person other than a criminal suspect shall possess or administer a psychotropic drug;

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

A. On January 1, 2017, at around 19:00, the Defendant injected approximately 0.03g of philopon into the right arms of the Defendant, after dilutioning the Defendant’s dwelling in Busan Shipping Daegu C, with approximately 0.03g of philopon into the toilet at his dwelling.

B. On January 3, 2017, around 18:15, the Defendant: (a) placed Ecomher 605 Ecom, located in Busan Shipping Daegu D; (b) placed approximately 0.18g of philophones in plastic bags; and (c) carried them in the left part of the Defendant’s person.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on narcotics appraisal;

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

1. A protocol of seizure and a list of seizure;

1. Previous conviction: Inquiry about criminal history and application of Acts and subordinate statutes concerning personal confinement;

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 Prevention of Criminal Facts and the Selection of Sentence 3, Article 60 of the Act on the Management of Narcotics, Etc. (Selection of Imprisonment with prison labor);

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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. The sentencing guidelines [the scope of recommended sentences] Simple possession, etc. of medications and the basic area (10 months to 2 years of imprisonment) (the special sentencing factors) / [the special sentencing factors] the important cooperation for investigation (the mitigated factors) / the same criminal records (the aggravated factors) / the criteria for processing multiple crimes / the upper limit of the sentencing range for other crimes shall be final if the upper limit of the sentencing range for the basic crimes is added to 1/2 of the upper limit of the sentencing range for other crimes.

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