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(영문) 창원지방법원 진주지원 2016.11.30 2016고단801
마약류관리에관한법률위반(향정)
Text

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

White dusts (0.15g) contained in a disposable folder seized.

Reasons

Punishment of the crime

On December 11, 2013, the Defendant was sentenced to one year to imprisonment for a violation of the Act on the Control of Narcotics, Etc., in the Changwon District Court's Jinju branch on December 11, 2013, and completed the execution of the sentence on October 10, 2014.

1. Medication of phiphones;

A. On July 29, 2016, from around 22:00 to around 10:00 the following day, the Defendant administered approximately 0.09 g of 0.09 g of crophones, which are psychotropic drugs, by dilutioning 0.03g of psychotropic drugs, into a single-use pacter, in his/her dwelling room located in Gyeongnam-gun, Gyeongnam-gun, U.S. (hereinafter “crophones”).

B. At around August 22, 2016, the Defendant, even if not a person handling narcotics, injected 0.03g of phiphones into a single-use injection machine, and injected phiphones into the left beer.

2. At around 09:10 on August 23, 2016, the Defendant, who is not a person handling narcotics, kept one disposable injection device (No. 1), containing 0.15g phiphones, and approximately 0.03g of a liquid 0.18ml mixed with aquatic and dilution, and carried a phiphone.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (calculated of the market price of the cambatop and additional collection charges);

1. Each request for appraisal (2016-D-4937);

1. Each existing country under subparagraphs 1 and 2 of this paragraph;

1. Previous records: Application of Acts and subordinate statutes to criminal records, inquiry reports (Attachment to previous records and written judgments, etc.), investigation reports (verification of the period of repeated offense and current status of confinement of individuals);

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 facts constituting an offense, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Grounds for sentencing under the proviso of Article 67 of the Narcotics Control Act; and

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