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(영문) 창원지방법원 2016.09.29 2016고단2306
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

A penalty of KRW 100,000 shall be collected from a defendant.

Reasons

Criminal facts

No person other than a narcotics handler shall administer a psychotropic mental medicine.

Despite the fact that the Defendant is not a narcotics handler, around 10:0 on February 10, 2016, the Defendant administered DNA 202, a residence of the Defendant at the window C of Changwon-si, which is a residence of the Defendant, using approximately 0.03g g of mecopon (i.e., one philophone), which is a local mental medicine, in the coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of an appraisal report on narcotics;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

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. under the relevant Act on criminal facts;

1. Selection of imprisonment with prison labor chosen;

1. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.: Sentence 3 (one year to three years) in the area of aggravation (one year to three years), such as medication, simple possession, etc. (one-year period of aggravation), [Special Aggravation] in consideration of the previous conviction (not less than three years of suspension of execution) [decision of sentence] - A extenuating circumstances: The fact that there are two favorable circumstances, such as the past records of criminal punishment for the same kind of crime: One time of simple medication, reflects the fact that the previous suspension of execution was revoked and postponed due to the instant crime; and that the sentence has already been completed for eight months of imprisonment: Six months of imprisonment;

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