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(영문) 창원지방법원 마산지원 2018.09.11 2018고단464
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

30,000 won shall be additionally collected from the defendant.

Reasons

Criminal facts

Defendant is not a narcotics handler.

1. Around October 2017, the Defendant: (a) taken possession (out of the medication), administered, and possessed (out of the medication) the horses; (b) purchased and kept approximately 0.2 g of Mebacspiles (one philopon; hereinafter referred to as “philopon”) from the backer C at the residence of the 19:00 Simpo-si Simpo-si, Changwon-si, Changwon-si; and (c) stored them in the custody after purchasing approximately 0.2g of Mebacopon (one philopon; hereinafter referred to as “Melopon”); and (d) injected approximately 0.03g of them into drinking water by dilution them into drinking water, and put the remaining remaining remaining residues into a mecopic.

2. On April 26, 2018, the Defendant administered, on April 26, 2018, a medication, using a disposable injection device, which was prepared for dilution 0.03g in the water, in advance, with a single blue blue blue blue blue blue, which was purchased from C, and kept in custody, around 18:00, in Changwon-si, Changwon-si, the Defendant administered the blue blue to the blue blue blue blue of the right right, using the disposable injection device.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to an appraisal report on narcotics (23 pages of investigation records), a report on investigation (Attachment of an appraisal report on narcotics), and a report on drilling attached to a request for investigation (6 pages of investigation records);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. for Criminal Facts, respectively;

1. Selection of penalty: Imprisonment with prison labor;

1. An aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (an aggravated punishment for concurrent crimes with the punishment specified for a violation of the Act on the Control of Narcotics, Etc. due to medication, on April 26, 2018, with the largest penalty for concurrent crimes);

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. The scope of punishment by sentence: Imprisonment with prison labor for one month to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines: the scope of the recommended punishment for both the basic crimes from one year to five years, the concurrent crimes from one year, and the concurrent crimes from one year to three years (the type shall be referred to as "three types (the type shall be referred to in item (b) and (c)), such as the mere possession of medication," and "the same type of punishment for not less than three years (the suspension of execution of not less than three years)".

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