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(영문) 창원지방법원 마산지원 2016.05.18 2016고단157
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On June 24, 2015, the Defendant: (a) sold mephones (one philopopon; hereinafter “philopon”); (b) around 17:00 on June 24, 2015, the Defendant received KRW 204 from E in cash KRW 100,000,000 from E, and sold E a one philopon for one philopon, which is a local mental medicine, with approximately 0.03 glopon.

2. Around 22:00 on February 24, 2016, the Defendant administered philophone medication in the Defendant’s house located in Changwon Mapo-si F, Changwon Mapo-si, and then injected approximately 0.03g of philoon, which was previously kept, into the Defendant’s right hand hand hand, using a single-use injection device.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement protocol prepared by a prosecutor for E;

1. A report on investigation (Attachment of photographs) and a log photograph attached to the medication;

1. A report on investigation (Attachment of a report on the results of the preliminary test for narcotics) and the report on the results of the preliminary test for narcotics attached thereto;

1. Application of Acts and subordinate statutes to a criminal investigation report (related to the calculation of an additional collection charge);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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. For the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., the scope of the final sentence pursuant to the aggravated punishment [10 to 2 years] of the basic area (1 to 2 years) of the 2 types of crimes (the scope of the recommended punishment) including the 3 types of crimes (the scope of the recommended punishment) of the 3 types of crimes (the 2nd class (b) and the 3nd class (the 2nd (the 2nd item) of the 3nd class), including the mere possession of medication, etc. (the 1st sentence): One year to 3 years (the 1st sentence is sentenced] imprisonment (the 1 year to 3th sentence), and one year (the 3th sentence is to be sold and administered by the defendant in writing, and the 3nd class of the crime is not good, and narcotics-related crimes are not related to narcotics.

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