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(영문) 창원지방법원 통영지원 2017.07.13 2017고단566
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On February 2, 2017, the Defendant purchased and traded Mesptop 0.06g 0,50,000 won from E at the front of the entrance of the D Mesptop Mesp Mesp Mesp Mesp Mesp Mesp Mesp Mesp Mesp Mes

2. Around 18:00 on February 14, 2017, the Defendant, who was not a narcotics handler, put 0.06g of Mesamins, purchased at the Defendant’s house located in Sinyoung-si F, in a single-use injection machine, such as described in paragraph 1, into the Defendant’s house located within the Defendant’s house located in Sinyoung-si, and injected the Mesamins into the Mespher, and then injecting them into the Mespher.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A warrant for search and inspection;

1. Report on internal investigation (referring to the gathering of the suspected person's hair), request for appraisal, and response to a request for appraisal;

1. Application of the police seizure protocol and the statutes on the list of seizure;

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

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 suspended execution;

1. Protection and observation, community service and order to attend lectures under Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of punishment recommended according to the sentencing criteria of the Supreme Court;

(a) Purchase or receipt for medication and simple possession, etc. (from April to January 1), within the area of special mitigation (special mitigation) of crimes No. 1 (the number of persons subject to special mitigation) (the number of persons subject to special mitigation) (the number of persons subject to recommendation), such as marijuana, flasing, arranging for sale and purchase, etc., and the number of self-denunciation;

(b) The number of self-denunciation in the mitigation area (from June to one year and six months) of Class 3 (D. items (b) and (c) of Class 1) for the mitigated area of Class 2 (D. to one year and six months), including the medication (the scope of recommended punishment), medication, simple possession, etc.

C. The scope of final sentence due to the aggravation of multiple offenses: from June to March 2.

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