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(영문) 창원지방법원 2016.10.13 2016고단2280
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On May 21, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at Busan District Court on February 24, 2016, and completed the execution of the above punishment.

【Criminal Facts】

Any person other than a person handling narcotics, etc., shall be prohibited from administering psychotropic drugs.

Despite the fact that the Defendant is not a person handling narcotics, at around July 201, 2016, around 20:30, the Defendant injected approximately 0.03g of psychotropic drugs into the right arms of the Defendant, after dilutioning them into a psychotropic drug in a dmototop room located in Kimhae-si, Kimhae-si.

No person other than a person handling narcotics, etc. shall provide psychotropic drugs.

Around 14:00 on July 10, 2016, the Defendant provided G with approximately 0.05 g of the psychotropic drugs at the front of Fho-gu, Busan, Sho-gu, with a free delivery of approximately 0.05 g of the psychotropic drugs.

Summary of Evidence

1. Previous convictions in judgment: Criminal records, copies of written judgments, and current status of personal confinement;

1. Defendant's legal statement;

1. Police seizure records;

1. A narcotics appraisal statement;

1. Investigative report (calculated with a surcharge) "2016 Highest 2853";

1. Defendant's legal statement;

1. A copy of the interrogation protocol of the G police officer first and second times; and

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., and Selection of Imprisonment with prison labor for the crimes;

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 grounds for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. are as follows: (a) the sentencing conditions indicated in the records of this case, such as the age, character and conduct, family relationship, home environment, motive and means of the crime, and the circumstances after the crime.

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