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(영문) 창원지방법원 2017.05.30 2017고단43
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Seized evidence 1 or 2 shall be confiscated.

10,000 won from the defendant.

Reasons

Punishment of the crime

1. On April 12, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (fence) in support of the Sungnam branch of Suwon, and completed the execution of the said sentence on July 22, 2014.

2. No person other than a criminal suspect shall administer or possess a psychotropic drug;

Although the Defendant was not a narcotics handler, the Defendant administered and tried to administer the Megatop cam (one philophone; hereinafter “philophone”) which is a local mental medicine as follows.

A. On January 4, 2017, at around 14:00, the Defendant injected DNA 602, and approximately 0.03g of philophones into aquatic water and administered them on the left hand of the Defendant.

B. On the same day as set forth in the preceding paragraph, the Defendant carried a philophone scopon 17:18 around 17:18, 602, white paper dilutiond with approximately 0.13g of philoopopon in a single-use injection machine, and carried it on the table of the client at the place.

Summary of Evidence

The application of the Act and subordinate statutes to investigation report on the status of acceptance of each individual (related to the calculation of additional collection charges) shall apply to inquiries into narcotic appraisal reports made by the defendant in the first trial record.

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for which the relevant provision of the Act and the selection of punishment are applicable to the facts constituting an offense (or selection of imprisonment);

2. Article 35 of the Criminal Act for aggravated repeated crimes;

3. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

4. Grounds for sentencing under Article 67 of the Act on the Management of Narcotics, etc. subject to Confiscation and Collection.

1. Scope of sentencing recommended according to the sentencing criteria;

(a) From one year to three years, in the area of aggravated punishment (the same criminal records as those for a suspended sentence of not more than three years: 1 year, in the case of a previous conviction with a suspended sentence of not more than three years): 1 year; 2 years;

(b) Aggravation area (the same criminal record as before the suspension of execution for not more than 3 years) of Class 3 (b) and the classification of simple possession, etc. of phiphonephones: one year to 3 years;

C. The scope of final sentence due to the aggravation of multiple offenses: one year to four years.

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