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(영문) 창원지방법원 2016.10.28 2016고단2881
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1, 2, 4 through 7 shall be confiscated, respectively.

From the defendant, 100.

Reasons

Punishment of the crime

[Criminal Power] On October 30, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc., at the Ulsan District Court, and completed the execution of the above punishment on June 10, 2016.

【Criminal Facts】

No person other than a person handling narcotics shall administer or possess psychotropic drugs.

Even if the Defendant was not a person handling narcotics, he administered and possessed psychotropic drugs-related Mepters (one philopon; hereinafter referred to as “philopon”).

1. On August 28, 2016, the Defendant: (a) inserted approximately 0.03g galphones into the Mad’s 506 Mad’s Mad’, which was located in G at G, and administered them by drinking together with water.

2. On August 31, 2016, around 21:10, the Defendant: (a) carried approximately 0.92g (No. 1 and 2) of a philopon in two in a one-time injection machine located in Busan Jin-gu, Busan; and (b) carried them by dividing them into two in a single-time injection machine.

3. On September 8, 2016, around 17:10 on September 8, 2016, the Defendant kept approximately 1.41g (No. 4 and 5) a penphone in the Defendant’s dwelling area located in G of Changwon-si, the Defendant kept approximately 1.41g (No. 4 and 5).

Summary of Evidence

1. Defendant's legal statement;

1. Written appraisal of narcotics and report on investigation (calculated of a surcharge);

1. Evidence Nos. 1, 2, 4, and 5;

1. Previous convictions in judgment: Application of statutes governing a copy of judgment and personal confinement status;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of a sentence;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Control of Narcotics;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. [Incompetence] that the defendant has committed a second suspension of execution for the same crime, that the defendant has not been well aware of the fact that he has committed a repeated crime during the period of repeated crimes without being sentenced to one time, and that the number of philophones handled is not much (or the reasonable circumstances], and that he has

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