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(영문) 창원지방법원 2016.09.06 2016고단2475
마약류관리에관한법률위반(향정)
Text

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

200,000 won shall be additionally collected from the defendant.

Reasons

Criminal facts

On April 18, 2013, the Defendant sentenced the Gwangju District Court to one year and eight months for the violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence on September 18, 2014.

No person other than a person handling narcotics shall perform any act of medication of psychotropic drugs.

Despite the fact that the Defendant is not a person handling narcotics, the Defendant administered the psychotropic drugs-related Mesoftes (one philopon; hereinafter referred to as “philopon”), as follows:

1. On March 12, 2016, the Defendant: (a) 22:30 on March 12, 2016, the G Coindo Purpose Road driven by F, which was parked in the street near the E-cafeteria in D, was dilutiond with water with 0.03g of philopon into the Defendant’s arms, and administered it once for injection.

2. At around 21:00 on July 24, 2016, the Defendant administered 0.03 g of opon 0.03 g of opon in the trade influoral telephone at the I Hospital located in H at the time of macroscoping.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of examination of suspect regarding F by the prosecution;

1. The prosecutor's statement concerning the F;

1. Seizure records;

1. A statement on narcotics appraisal;

1. Text messages;

1. A report on investigation (calculated additional charges);

1. Application of Acts and subordinate statutes concerning criminal records, copies of written judgments, and personal identification and confinement status;

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. Article 35 of the Criminal Act for aggravated repeated crimes;

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. Class 1 crime for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. for reasons of sentencing [the scope of recommending punishment] 3 types of crimes (the scope of recommending punishment), medication, simple possession, etc. (the period of 10 to 2 years) basic areas (the period of 10 to 3 years), self-denunciation [the person subject to special mitigation] / 2 kinds of crimes (the period of probation not exceeding 3 years) of the same criminal record (the scope of recommending punishment] 3 types of basic areas (the period of 10 to 2 years), such as medication, simple possession (the period of 10 to 3 years) (the person subject to special mitigation) / the same criminal record (the period of probation within 3 years).

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