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(영문) 창원지방법원 2017.09.20 2017고단2310
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 to 3 shall be confiscated.

10,000 won from the defendant

Reasons

Criminal facts

On July 18, 2016, the Defendant was sentenced by the Changwon District Court to a violation of the Act on the Control of Narcotics, Etc., and the Defendant completed the execution of the sentence on March 15, 2017 at the Jeonwon District Court.

The Defendant, even though not the handler of narcotics, treated the Metepopty (one philophone, hereinafter “philopon”), which is a local mental medicine, as follows:

1. On June 24, 2017, the Defendant administered philophones by inserting approximately 0.03g of philophones into a single-use injection machine and dilution them into his arms at around 20:0, Kimhae-si building A (A) in the Defendant’s residence, and at around 101, 0.03g of philophones into a single-use injection machine, and then administering philophones in the manner of injecting them into his arms.

2. On June 25, 2017, the Defendant: (a) around 14:05, the Defendant: (b) carried a phiphone in front of the Ethroopon D by inserting approximately KRW 0.66g of philophone; (c) one philoopon injection instrument containing approximately 0.35g of philoopon; and (d) one philoopon injection instrument containing approximately 0.03g of philoopon in a philoopon; and (e) one phiopon device containing approximately 0.2m of liquid melting a 0.2mopon in a phiroopon, respectively, carrying a phiphone by inserting it in his hand.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written appraisal of each drug;

1. A report on investigation (the confirmation of a surcharge thereon);

1. A previous conviction: A reply to inquiry, such as criminal history, report on the result of investigation, and application of Acts and subordinate statutes to a report on inquiry (verification of the convict of a suspect);

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 Prevention of Criminal Facts and the Selection of Punishment (the fact of medication and possession of phiphonephones, and the selection of punishment by imprisonment);

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

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 main sentence of and the proviso to Article 67 of the Act on the Management of Narcotics, etc. subject to Confiscation and Collection (in cases of subparagraph 3 of seized evidence, only a disposable injection excluding the portion consumed as a result of appraisal shall be confiscated);

The reason for sentencing is that the defendant is divided in depth into his mistake.

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