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(영문) 창원지방법원 통영지원 2017.05.18 2017고단458
마약류관리에관한법률위반(향정)
Text

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

1. Around 06:00 on October 30, 2016, the Defendant administered the Mestop medication by dilution approximately 0.05g of Mestopian ctopian ctop on the left left part of the Defendant’s Mestopum medication using a single-use injection device.

Accordingly, the Defendant administered a local mental medicine.

2. On October 30, 2016, around 15:27, around October 30, 2016, the Defendant, holding a Mesphere, contained approximately 1.09g vinyl C, which was dried from a fire in the front end of Busan Jin-gu, Busan, in a Mesphere bag, and stored it in a mesphere machine.

Accordingly, the defendant possessed a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. Each protocol of seizure and the list of seizure;

1. Investigation report (a while in possession of the suspect, a photograph of the weight and the result of the inspection of narcotics shall be attached);

1. Application of Acts and subordinate statutes on reply to narcotics;

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 Prevention of Criminal Facts and the Selection of Punishment (the administration, possession, and selection of imprisonment);

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. The observation of protection and the order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (0,000 won for a single medication);

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

1. Sentencing criteria;

(a) Class 1 crime (the scope of a recommended punishment), c. (the scope of a recommended punishment), medication, simple possession, etc. (b. & (c) c.) basic area (from October to two years);

(b) Along with the aggravation of multiple crimes that have no basic area (one hundred to two years) (one hundred to two years), including the basic area (one hundred to two years) of the two crimes (the scope of the recommended punishment), medication, simple possession, etc. of the crimes (the scope of the recommended punishment).

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