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(영문) 창원지방법원 2016.08.23 2016고단2027
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 shall be confiscated.

600,000 won shall be additionally collected from the defendant.

Reasons

Criminal facts

No person other than a narcotics handler shall sell, provide or administer a local mental medicine.

Despite the fact that the Defendant is not a handler of narcotics, the Defendant traded and administered the Metropophophones (hereinafter referred to as “diphones”) which is a local mental medicine as follows:

1. On February 2, 2016, the Defendant: (a) around 18:00 in Changwon-si, Changwon-si, Changwon-si; (b) provided cash of KRW 300,000,000 to a single-person “D” and purchased and sold a penphone 0.7g from D.

2. On March 14, 2016, at around 18:00, the Defendant provided F Hospital in Changwon-si, Changwon-si E with 0.2g Dolopon to “D” and “D”.

3. On May 1, 2016, the Defendant, around 15:00, injected approximately 0.07g of philopon into the Defendant’s dwelling at the 2nd floor of the G apartment building G apartment building in Changwon-si, Changwon-si, Changwon-si, Changwon-si, and injected it on the Defendant’s left upper part.

4. On June 19, 2016, at around 14:00, the Defendant administered approximately 0.07 g of phiphones in the same manner as the description in paragraph 3, at the above Defendant’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. (Protocol of Statement by the Police against informant)

1. Each protocol of seizure;

1. A written appraisal of each drug;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

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

1. Selection of each sentence of imprisonment;

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. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. Crimes No. 2, for reasons of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommendations] / 3 [the scope of recommendations] / [the scope of recommendations / 1 year to be made / 2 years] / the basic area (the scope of recommendations / 1 year to be made / 1 year to be made / 2 years) of the basic area (the scope of recommendations / 1 year to be made / 2 years to be made / 1 year to be made / 2 years to be made) of the Act on the Control of Narcotics, Etc. / [the scope of recommendations / 3] / 1 year to be administered and simple.

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