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(영문) 창원지방법원 2016.04.01 2016고단429
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On November 7, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (competence) in the Busan District Court’s branch branch branch, and completed the execution of the said sentence on November 23, 2013.

No person other than a narcotics handler shall provide or administer narcotics or psychotropic mental medicines.

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated the Metropha (one philophone) as follows.

A. On February 14, 2016, around 21:30, the Defendant issued approximately 0.06g of philopon contained in vinyl C, which was located in the Busan City Shipping Daegu, to E, and provided to E.

B. On February 21, 2016, at around 13:00, the Defendant injected Gel 502 Gurphones located in Busan Shipping Daegu F, and approximately 0.03g of philophones into aquatic arms, and administered them by means of injecting them into the left arms using a disposable injection device.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. A narcotics appraisal report and a reply note;

1. Previous convictions in judgment: Application of Acts and subordinate statutes governing the number and confinement of individuals;

1. The point of the administration of phiphones for a crime: The point of such provision of phiphones under Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Narcotics Control Act: Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Narcotics Control Act;

1. Selection of each sentence of imprisonment;

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

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 the recommended sentences according to the sentencing criteria;

(a) Crimes No. 1: The fact that the phonephones are provided [the scope of recommendations] is traded, arranged for sale and purchase, etc., and the area of increase (one year and six months to four years) in the area of increase (one year and six months to four years), such as marijuana, referring to the suspension of execution for not more than three years);

(b)Offences 2: the fact of the administration of philophones (the scope of recommendations).

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