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(영문) 창원지방법원 2017.03.23 2017고단270
마약류관리에관한법률위반(향정)등
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

1. No one, other than persons handling narcotics, etc. in violation of Acts on the Control of Narcotics, etc., shall administer any psychotropic drugs;

Although the Defendant is not a narcotics handler, at the house of C located in Busan Young-gu, Busan, around 14:00 on July 14, 2016, the Defendant administered approximately 0.1g g of Melopon (one philopon) a Melopon (one Melopon), which is a local mental medicine medicine, in the Melopter’s license.

2. No person who violates the Narcotics Control Act shall smoke marijuana;

Nevertheless, on September 3, 2016, at around 22:00, the Defendant smoked with the franchising quantity of the hemp in newspapers in E located in Gyeongnam-gun, Gyeongnam-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of protocol concerning the examination of suspect C by the police; and

1. Seizure records;

1. A statement on narcotics appraisal;

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

1. Relevant Article of the Act on the Management of Narcotics, etc., and Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) (the points of phiphone medication) of the Act on the Management of Narcotics, etc., Article 61(1)4 (a) and Article 3 subparag. 10 (a) (the points of smoking marijuana) of the Act on the Management of Narcotics, etc., and choice of imprisonment 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. The scope of the final sentence due to the aggravation of multiple offenses in the basic area of Class 2 (ma), (e) (e) (e.g., marijuana, native d., e., e., e.), and (e) (i., the scope of the recommended sentence) in the basic area of Class 3 (e., f., administration and simple possession) (i.e., the scope of the punishment) under the sentence for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. for the reason of sentencing: From October to February 9 (determination of sentence] as well as directly infringing on the people's health, and in relation thereto, it has serious harm to society as a whole, such as causing various scarcity crimes; and further, the Defendant has already committed the same kind of crime.

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