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(영문) 창원지방법원 진주지원 2018.10.16 2018고단443
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

300,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal history] On September 2, 2014, the Defendant was sentenced to one year and four months of imprisonment with labor for a violation of the Narcotics Control Act in the Jinwon District Court’s Jinju branch on September 2, 2014, and completed the execution of sentence in the Port Prison on October 20, 2015.

[Criminal facts] The Defendant is not a narcotics handler

1. On August 1, 2017, at around 14:00, the Defendant received approximately 0.09g delivery from C of Mesopha (one philopopon; hereinafter “philopon”) a local mental medicine, which is a part of a single-use injection device, in the Defendant’s warehouse located in Jinju-si B, Jin-si, Jin-si, Seoul.

2. On August 9, 2017, around 19:00, the Defendant administered a medication by inserting approximately 0.03g of philopon into a one-time injection machine from his FTlopon car in the E parking lot located in Jinju-si, Jin-si, Jin-si, and melting it into the left part of the blood.

3. On October 27, 2017, the Defendant: (a) placed approximately 0.03g of opononon in a single-use motor vehicle from G SPke car parked at the place specified in paragraph (1) at around 14:00 to administered the vehicle by means of injecting approximately 0.03g of spononononononon in a single-use motor vehicle; and (b) melting the aquatic water into the left

4. On October 27, 2017, the Defendant delivered approximately 0.03g of philopon, which is located in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in J in Jin-si in Jin-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made to K in the police statement;

1. Police seizure records;

1. Each investigation report (training report on climatic or maternal narcotics);

1. A report on investigation (Attachment of Written Indictment);

1. A report on investigation (calculated additionally charge - 300,000 won);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the same type of force judgment-period for repeated crimes);

1. Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, etc. under the relevant Act on the Criminal Facts, the selection of a punishment for imprisonment with prison labor;

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. Matters concerning the management of narcotics in addition to collection;

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