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(영문) 창원지방법원 2017.02.15 2017고단70
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On July 7, 2015, the Defendant was sentenced to imprisonment for a violation of the Act on the Control of Narcotics, Etc. in the Changwon District Court's Masan branch for a violation of the Act on the Control of Narcotics, etc., and completed the execution of the said sentence on August 1, 2016 at the Daegu Prison.

No person other than a narcotics handler shall administer a psychotropic mental medicine.

Despite the fact that the Defendant is not a handler of narcotics, the Defendant administered the Metropha (one philopon; hereinafter “philopon”) which is a local mental medicine as follows.

1. On October 10, 2016, the Defendant injectedd approximately 0.03g of philophonephone 0.03g in Changwon-si, Changwon-si, Changwon-si, Changwon-si, and administered them on the Defendant’s upper part.

2. On December 1, 2016, at around 16:00, the Defendant injected approximately 0.03g of philophone-phone 0.03g on the part of the Defendant’s arm’s body by the foregoing method, around 102, “Fel” located in Changwon-si, Changwon-si E.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on narcotics appraisal;

1. Written inquiry and reply;

1. Previous record: Application of Acts and subordinate statutes governing the confinement of individuals;

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., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 crime (the scope of a recommended punishment), medication, simple possession, etc.: Type 3 (b) basic area (one hundred months to two years) (special mitigation) (special mitigation) / The number of self-denunciation / The same criminal records and previous criminal records (the suspension of execution of execution of not more than three years)

(b) Class 2 crime (the scope of a recommended punishment), medication, simple possession, etc.: Type 3 (b) basic area (one hundred months to two years) (special mitigation) (special mitigation) / The number of self-denunciation / The same criminal records and previous criminal records (the suspension of execution of execution of not more than three years).

C. The scope of final sentence due to the aggravation of multiple offenses: 10 months to 10 months.

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