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(영문) 창원지방법원 2017.12.12 2017고단3486
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

103,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On August 31, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Changwon District Court for one year, and completed the execution of the sentence on June 25, 2017.

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated Metrophographer (hereinafter referred to as the “culphopon”) and marijuana, which is a local mental medicine, as follows:

1. On October 12, 2017, the Defendant administered philophones in a way of inserting approximately 0.05g of philophones into the second floor in which the mother of the Defendant, who is in C around 18:00, resides, inserting approximately 0.05g of philophones into a single-use injection instrument, dilution with water, and administering philophones into his arms.

2. On October 12, 2017, the Defendant smoked marijuana by inserting approximately 0.5g of marijuana into tobacco in the construction near D viewing around October 22, 2017. The Defendant smoked marijuana in a way that smokes, as the Defendant smokes, by inserting in tobacco 0.5g.

Summary of Evidence

The application of Acts and subordinate statutes to investigation reports (the confirmation of the date of release and the report attached to the judgment) on narcotics written by the defendant's legal statement;

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. (the point of scopon medication) concerning criminal facts, Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) (the point of smoking marijuana) of the Narcotics Control Act / Imprisonment with prison labor for any selection of a person who commits a crime;

2. Article 35 of the Criminal Act for aggravated repeated crimes;

3. Article 52 (1) and Article 55 (1) 3 of the Criminal Act to mitigate self-denunciation;

4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.

5. Grounds for sentencing under the proviso to Article 67 of the Narcotics Control Act.

1. Scope of sentencing recommended according to the sentencing criteria;

(a) Handphone medication as indicated in its judgment: From October to two years (the basic area: the person who surrenders himself/herself, or the person who has been subject to a suspended sentence of not more than three years);

(b) Smoking in marijuana as indicated in the judgment: 8 months to 1 year and 6 months (the basic area: the person who voluntarily surrenders himself/herself, and the person who has been in the same line with not more than three

(c) The scope of final sentence due to the aggravation of multiple offenses: From October to September 2.

2. Determination of sentence: Imprisonment; and

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