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(영문) 창원지방법원 2017.04.12 2017고단580
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2017 Highest 580" case

1. On February 8, 2017, around 03:30, the Defendant administered 0.03g of philopon at the DNA conference located in the Gu, Changwon-si, Jonsiwon-si, by inserting approximately 0.03g of Melopon, a local mental medicine, into a single-use injection machine, dilution with water, and continuously administering approximately 0.03g of philopon in the same place at around 09:00 on the same day.

"2017 Highest 781" case

2. On January 1, 2017, the Defendant, at the Felel located in the Gu E in Changwon-si, Changwon-si, Seoul Special Metropolitan City, on January 1, 2017, 2017, injected a 0.03g of philophonephones delivered by G into a disposable injection machine, dilution with water, and then administered them in a way of injection with his arms.

3. On January 18, 2017, the Defendant, at around 02:0 on January 18, 2017, administered a philopon in a single-use injection machine, inserting approximately 0.03g of philopon delivered by G into a single-use injection machine, and dilution it into his arms, with the method of injecting it into one’s arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each statute of appraisal;

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Selection of and Management of Narcotics, Etc. for Crimes (Punishments 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. Suspension of execution, protection observation and order to attend lectures under Articles 62 (1) and 62-2 of the Criminal Act;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection = 100,000 won/per medication price x 4 times);

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is set at three times as the base for the reduction of types of punishment. (b) The sentencing of Article 334(1) of the Criminal Procedure Act is set at three times as the base for the reduction of types of punishment. The sentencing of the above item is set at six months to ten years from June 1 to three years from June 1 to three years: The recommendation that there is no corresponding person: (i) the general sentencing factor in the basic area (from October to two years): the sentence of imprisonment (the place of treatment): one year; (ii) the sentence of imprisonment for a suspended sentence of one year; (iii) the observation of protection; and (iv) the additional collection of 400,000 won.

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