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(영문) 창원지방법원 밀양지원 2017.12.28 2017고단520
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant, who is not a narcotics handler, shall not possess, possess, use, transport, manage, import, export, manufacture, prepare, administer, administer, deliver, trade, assist in the trade of, or provide narcotics or psychotropic drugs.

1. On July 2017, the Defendant: (a) administered a philophone medication in the first half of the beginning of July 2017 in a manner of dilution approximately 0.03 g (one philophone; hereinafter referred to as “philophone”), which is a local mental medicine, in the Defendant’s residence around 19:00 Scambud B 103, around the beginning of July 2017; and (b) administering the medication in a way of melting the meine into the left part of the body using the bladder.

2. On July 30, 2017, the Defendant, at the place of the foregoing paragraph (1) around July 30, 2017, administered approximately 0.03g of philophones in the same manner as the foregoing paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Act and subordinate statutes to the investigation report (No. 8 of the evidence list);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Articles 60 (1) 2 and 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. for which a penalty is selected, and the choice of imprisonment for a crime, respectively;

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. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection = 100,000 won per single input x two times);

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

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

(a) Class 1 crime (the scope of a recommended punishment) is administered, simple possession, etc., and there is no basic area (10 months to 2 years) of the basic area (10 months to 3 years).

(b) Class 2 crime (the scope of recommended punishment) 3 (the items (b) and (c) of the basic area (one hundred months to two years) including medication, simple possession, etc.

(c) The scope of final sentence due to the aggravation of multiple offenses: Ten months to three years; and

2. There is no record of punishment prior to the decision of sentence; and

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