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(영문) 창원지방법원 2016.05.04 2016고단749
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

Despite the fact that a person who is not a handler of narcotics is prohibited from administering or possessing a psychotropic mental medicine, the Defendant treated the Mesophical drugs (one philopon; hereinafter referred to as “philopon”) as follows.

1. On February 2, 2016, the Defendant injectedd approximately 0.03g of 11st floor of D Hospital D Hospital in Busan-gu, Busan-gu, with tap water, from the male toilet of 11st floor, and injected it on the Defendant’s upper body.

2. On March 23, 2016, around 21:00, the Defendant injected approximately 0.03g of philopon into luxe arms after dilutioning around 0.03g of philopon at the Defendant’s residence.

3. On March 24, 2016, around 21:05, the Defendant carried approximately 0.5g of philopon in front of G Mart in Busan Jin-gu in the left part of G Mart in Busan Jin-gu, and carried them.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Police seizure records;

1. Application of Acts and subordinate statutes of each letter of narcotic appraisal;

1. The fact of a crime by which the relevant Article of the Act on the Control of Narcotics, etc. and the selection of a punishment are provided: The possession of a scophophones under Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc. (the choice of imprisonment): Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, etc.;

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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. Scope of punishment recommended according to sentencing standards;

(a) First-Class 1 crime (Offense of Violation of the Act on the Control of Narcotics, Etc. by Medication) / [Scope of recommending punishment] / Simple possession, etc. of medication and simple possession, etc.

(b) Class 2 (Offense of Violation of the Act on the Control of Narcotics, Etc. due to Medication) / [the scope of recommending punishment] Medication, simple possession, etc.

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