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(영문) 창원지방법원 2015.09.09 2015고단1479
마약류관리에관한법률위반(향정)등
Text

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

The evidence seized shall be confiscated from the accused.

Reasons

Punishment of the crime

1. On February 2, 2014, at the Defendant’s home, the Defendant provided a single-use injection device D containing approximately 0.1g of psychotropic drugs, at the seat of the Defendant C, crops, and approximately 0.1g of psychotropic drugs.

2. The defendant has committed the same harm;

6. At around 20:00, at the above defendant's house, D accepted d with a large quantity of hemp and a disposable injection device containing approximately 0.4g of philophones, which is flicked in vinyl paper.

3. At around 20:00 on May 28, 2015, the Defendant provided a single-use injection device with approximately 0.24 g of philopon E from May 28, 2015 to E.

4. At around 08:00 on June 2, 2015, the Defendant administered approximately 0.03 g of phiphones at the home of the above Defendant, in a single-use injection machine, and administered them by means of injecting 0.03g of philophones into the right hand next to the right hand.

5. At around 11:50 on June 2, 2015, the Defendant carried approximately 1.06 gylphones at the home of the Defendant’s above Defendant’s office, and carried approximately 1.06 gylphones and two disposable injection equipment.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of witness E and D;

1. Statement of seizure of each police;

1. Written appraisal of narcotics;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to the Si/Gun/Gu price and additional collection charge);

1. Imprisonment with prison labor for a crime under Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. under the relevant Act on the Control of Narcotics, Etc., Articles 60 (1) 6 and 4 (1) 2 of the Act on the Control of Narcotics, Etc., Articles 61 (1) 6 and 61 (1) 2 of the Narcotics, etc.,

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 Narcotics Control Act;

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. [the average price of 1g of opphonephones is 840,000 won and 1,00,000 won for a single-time medication, 721,60 won (=0.1g x 840,000 won + 840,000 won + 840,000 won + 0.4g x 0.24g x 840,000 won + 10,000 won) of the same Act]; and

1. Narcotics such as philopphones for sentencing of Article 334(1) of the Criminal Procedure Act.

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