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(영문) 창원지방법원 진주지원 2018.11.14 2018고단1209
마약류관리에관한법률위반(향정)
Text

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

Seized evidence 1 or 2 shall be confiscated.

20,000 won from the defendant.

Reasons

Punishment of the crime

On August 9, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act in the Jinwon District Court's Jinju branch for the crime of violation of the Act on the Control of Narcotics, etc., and the sentence was terminated on March 15, 2018.

Defendant is not a narcotics handler.

1. On August 30, 2018, the Defendant received, without compensation, approximately 0.1g of the Mesofta (hereinafter referred to as “philopon”) which is a part of the local mental medicine, in a coffee shop, where the trade name near the C military office located in Gyeongnam-west B is not memoryed, at around 17:00, around August 30, 2018, the Defendant received approximately 0.1g of the Mesofta (hereinafter referred to as “philopon”).

2. Medication of a psychotropic medicine on September 1, 2018.

A. On September 1, 2018, around 22:00, the Defendant administered the apartment house F at the E Apartment-si, Jinju, Jinnam-si, by dilutioning approximately 0.05g of philopon contained in a single-use divers into water, and administering it in a way of injecting it into the bloodline of his left arms.

B. On September 16, 2018, at around 17:00, the Defendant administered the instant paragraph in a way to diversize the philopon 0.05g water, which is contained in a single-use divers, into the left divers, and in injection to the left divers.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. A letter of appraisal of each drug (the injection, urine, and hair);

1. A gene appraisal report;

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of criminal records);

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 Article 60 of the same Act concerning facts constituting an offense;

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

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Recommendations for the application of the sentencing criteria: A person who is subject to special sentencing between one year and three years (in the area of aggravated punishment): A previous offense of the same kind (in the case of suspended execution for not more than three years), and

2. The decision of sentencing shall be made twice by the defendant for the same offense; and

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