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(영문) 창원지방법원 2016.11.29 2016고단3210
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

A penalty of KRW 100,000 shall be collected from a defendant.

Reasons

Punishment of the crime

No person other than a person handling narcotics shall administer or possess psychotropic drugs.

Despite the fact that the Defendant is not a person handling narcotics, the Defendant administered and possessed psychotropic drugs-related Mesofts (i.e., a single philophone; hereinafter referred to as “philophones”), as follows:

1. At around 15:00 on September 25, 2016, the Defendant injected approximately 0.03g of philopon into the Defendant’s left upper part of the body of the Defendant, after dilutioning 0.03g of philopon from toilets in the “D” room in Ulsan-gu, Ulsan-gu.

2. On September 25, 2016, at around 17:25, the Defendant possessed Fmotour 305 in Busan Shipping Daegu E, 2.69g of philophones and 0.7ml of philophones dilution with biophones 0.7ml.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Report on the result of the preliminary test of narcotics;

1. A statement on narcotics appraisal;

1. Photographs;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts;

1. Selection of each sentence of imprisonment;

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

1. The following circumstances were considered in determining the same sentence as the disposition of sentencing in the proviso of Article 67 of the Narcotics Control Act.

- Basic matters: The course and method of committing a crime, the quantity of penphones carried, etc. - Unfavorable circumstances: The history of criminal punishment for the same kind of crime, etc. - The confession and reflects, etc.

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