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(영문) 창원지방법원 2016.01.13 2015고단2821
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On October 13, 2015, the Defendant: (a) placed in the front road located in C at C at the Scingyang City around 22:00, the E-V car, a local mental medicine, in a single-use injection machine, approximately 0.03 g of mert clopon (hereinafter “one-time philopon”); and (b) melted the same in a single-use injection method; and (c) injected the mecop.

2. On October 15, 2015, the Defendant: (a) concealed 0.39g of philopon in G accommodation located in Sungwon-si F, Sungwon-si, Sungwon-si, and possessed it.

Summary of Evidence

1. Statement by the defendant in court;

1. Police seizure records;

1. Each response to a request for appraisal;

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

1. The fact of the crime: The fact of the relevant legal provision and the fact of the selective scopon medication of a punishment: The fact of the possession of a scopon under Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Narcotics Control Act (the choice of imprisonment): Articles 60(1)2 and 4(1)1 and 2 subparag. 3(b) of the Narcotics Control Act (the choice 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. 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) Class 1 crime (Offense of Violation of the Act on the Control of Narcotics, Etc. due to Medication) / [Scope of punishment for recommendation] / Simple possession, etc. of medication and simple possession, etc.

(b) Second-class crime (Offense of Violation of the Act on the Control of Narcotics, Etc. by Possession) / [Scope of Recommendation] / Medication, simple possession, etc., of the said crimes (one year to three years) / Aggravated Punishment (Special Aggravation) / Aggravated Punishment for the said crimes (a suspended sentence for not more than three years) / Aggravated Punishment for the said crimes (a suspended sentence for not more than three years);

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

2. In the case of medication of narcotics determined to be sentenced, a serious crime that causes serious harm to the social and national soundness due to their toxicity, for which punishment is required, and the Defendant.

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