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(영문) 창원지방법원 2017.04.26 2017고단124
마약류관리에관한법률위반(향정)
Text

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

Seized evidence No. 1 shall be confiscated.

10,000 won shall be additionally collected from the defendant.

Reasons

Criminal facts

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

The Defendant, even though not a person handling narcotics, administered and climatic crophographs (one philophone, hereinafter “philophones”), who are a local mental medicine as follows.

1. On January 11, 2017, the Defendant injected approximately 0.03g of philopon into the Defendant’s left part of the Defendant’s operation, which was parked near E in Yangsan-si, Yangsan-si, and administered the Defendant’s clopon to the clopon.

2. On January 12, 2017, the Defendant: (a) around 15:40, the Defendant carried the volume of philophones dilutiond with approximately 0.23g of philoopopon and two for a single-use divers, which were sealed into paper G in Busan Northern-gu, Busan, with approximately 0.23g and two for a single-use divers.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A statement on narcotics appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

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 sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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 reason for sentencing under Article 67 of the Act on the Management of Narcotics, etc. subject to Confiscation and Collection, etc. is that the defendant has a depthed and reflected his mistake, and there are some circumstances that may be somewhat taken into account the motive and circumstance leading to each of the crimes in this case, etc., in favor of the defendant.

On the other hand, the defendant committed each of the crimes of this case without being aware of the past two times that he was punished for the same crime, and even without being aware of the period of suspension of execution due to it. As such, narcotics crimes need to be strictly punished as serious crimes that are socially malicious and risk of recidivism.

Other means and results of each of the crimes in this case.

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