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(영문) 창원지방법원 진주지원 2016.08.31 2016고단717
마약류관리에관한법률위반(향정)
Text

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

150,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. On July 21, 2016, the Defendant was not a narcotics handler, but purchased 50,000 won in return for the delivery of Mept Mept Mesa (hereinafter “Mesopon”) equivalent to 0.05g, which is a local mental medicine, contained in a white paper, on the front and front roads of Jinju-si located in Jinju-si, Seoul (E), around July 21, 2016.

2. On July 21, 2016, the Defendant: (a) was not a handler of narcotics, etc.; (b) at around 20:30 of the same day, the Defendant administered 0.03g of the Metetracs purchased as above in a coffee 202 heading room at around 20:30 on the same day.

3. On July 22, 2016, the Defendant administered the Mept Amina medication in the H market located in G on July 22, 2016, in the same city around 09:10 on July 22, 2016, the Defendant administered the Mepta medication in a way that 0.02g of the Mepta purchased, as above, in the coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (the results of the preliminary test for climatic narcotics - the both sides), investigation report (the market price of the cliba cliba and the calculation of additional collection charges);

1. Visits to a request for appraisal, and the application of statutes on narcotics appraisal;

1. Relevant legal provisions of the Act on the Management of Narcotics, etc., and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc., and Selection of imprisonment with prison labor for a crime;

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

1. The scope of sentence recommended according to the sentencing criteria;

(a) The crime of purchasing scopon [types] the sale and purchase of narcotics, referral, etc. (b), (c) (special mitigation elements), the purchase or receipt for medication, simple possession, etc., and the self-denunciation [the scope of the recommended punishment] from four months to one year and six months (special mitigation area);

(b) The crime of medication of each phiphone (a type of determination) shall be punished by imprisonment with prison labor for six months (the scope of recommended punishment) for the self-denunciation (special mitigation element) of a person who administers narcotics or carries simple possession, etc. (b) of narcotics.

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