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(영문) 창원지방법원 2017.10.18 2017고단3035
마약류관리에관한법률위반(향정)
Text

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

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

Criminal facts

The Defendant, even though not the handler of narcotics, treated the Metepopty (one philophone, hereinafter “philopon”), which is a local mental medicine, as follows:

1. Medication of phiphones;

A. On March 1, 2017, the Defendant: (a) parked in the E-cargo parking lot located in the counter of Changwon-si, Changwon-si, around 17:00, in the F-witter vehicle; (b) inserted 0.03g of philopon into a disposable injection machine; and (c) injected it with water by means of injection into one’s own arms.

B. On April 2017, the Defendant: (a) inserted HMoel located in G at the window G of Changwon-si, approximately 0.03g of philophones into a single-use injection instrument; (b) injected them with water; and (c) injected them into one’s arms.

(c)

On August 30, 2017, the Defendant: (a) parked in E-Road D located in the window of Changwon-si, Changwon-si; (b) stored approximately 0.03g of philopon in a disposable-use injection machine; (c) injected it with water; and (d) injected it into his arms.

2. On August 30, 2017, the Defendant, holding philophones, by dividing them into three for a single-time injection device, and carrying them on the part of the Defendant, from around 17:05 to 707 Jamone set up in the counter of Changwon-si, and approximately 0.39g of philophones into three for a single-time injection device.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure and the list of seizure;

1. Response to a request for appraisal;

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

1. Relevant legal provisions of the Act on the Management of Narcotics, etc. for the Fact of crime and Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. for the Selection of Punishment, and Selection of Imprisonment with prison labor;

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 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 (1) and the main sentence of Article 62-2 (2) of the Criminal Act for the observation and observation of protection;

1. The defendant's error in the sentencing of the main sentence and proviso of Article 67 of the Act on the Management of Narcotics, etc. subject to Confiscation and Collection.

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