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(영문) 창원지방법원 2016.09.12 2016고단1319
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight 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

Punishment of the crime

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

Despite the fact that the Defendant is not a narcotics handler, at around 00:30 on May 10, 2016, the Defendant injected approximately 0.03 g of Mesofts (one philophone), a local mental medicine medicine, into a toilet located in the Defendant’s residence located in the window C of Changwon-si, and administered them.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on narcotics appraisal;

1. Police seizure records;

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

1. Selection of a person who commits a crime under Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act, or a person who is punished by imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommended punishment] medication, simple possession, etc.

The circumstances at a disadvantage: The defendant's family and the defendant indicate active medical intention, such as the arrest of another narcotics offender in cooperation with the investigation of the defendant, arrest of the defendant, etc., the fact that there is no record of narcotics crime in the last five years, and that the defendant reflects his mistake through the life of detention for about three months.

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