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(영문) 창원지방법원 통영지원 2015.11.20 2015고단953
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

Even if the Defendant is not a person handling narcotics, the Defendant treated psychotropic drugs as follows:

1. Around 20:00 on May 28, 2015, the Defendant purchased 0.24 g of Mesphere from C at the residence of C located in C located in C located in Si-si, for a total of KRW 1.50,00.

2. Mescopic administration;

A. At around 08:00 on May 29, 2015, the Defendant put 0.08g of Mesphere D Building 1108 in a single-use injection machine from among the Mesphereers purchased at the toilets of 1108, and dilution with water, and injected it into the left part of the blood pipe.

B. At around 19:00 on May 29, 2015, the Defendant administered 0.08g of the Mesatopians purchased from the above toilets in the above manner.

C. At around 17:00 on May 30, 2015, the Defendant administered 0.08 g of the Mesphere, purchased from the above toilets in the above manner.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Seizure records;

1. Each report on investigation;

1. Written test report, written test report, and evidence photograph;

1. Application of a copy of judgment;

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., concerning the relevant criminal facts and the Selection of Punishment;

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

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of Recommendations - No 1 - No basic area (10 to 2 years) of Type 3 (10 to 3) of the Framework Area (10 months) of medication, simple possession, etc. - No 2 of the crime [the scope of recommendations] - No basic area (10 to 2 years) of types 3 of medication, simple possession, etc. (10 to 2 years) (10 to 2 years) of the basic area (10 to 3 of the punishment) - No 3 of the crimes - No 3 of the crimes [the scope of recommendations] - 3 of the crimes [the scope of recommendations], including sale and purchase, good offices, etc.

Items c) and c.

(i) the item;

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