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(영문) 창원지방법원 2016.08.17 2016고단1751
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

400,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

No person other than a narcotics handler shall trade, administer, or possess a psychotropic mental medicine.

Even if the Defendant is not a narcotics handler, the Defendant traded, administered, and listed the Megatocule (one philophone; hereinafter referred to as “philophone”) which is a local mental medicine as follows.

1. On October 2015, the Defendant: (a) received KRW 100,000 in cash from F in the E Launa car parked on the front of D in Jinju, which was stopped on the D’s top of D in C; and (b) purchased and sold approximately 0.03g g opon to F.

2. On February 2, 2016, the Defendant received KRW 200,000 in cash from H at the residence of J located in J at J at J, Jinju, and traded approximately KRW 0.11g of philopon to H.

3. On June 7, 2016, the Defendant injected approximately 0.03g of philopon on the left part of the Defendant’s left part, after dilution of 0.03g of philopon at the Defendant’s residence located in Jinju-si, Jinju-si.

4. On June 7, 2016, the Defendant: (a) around Jinju-si, Jinju-si: (b) placed a 1.14g Handphone in front of J in front of J, and carried it.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police against F and H;

1. Application of Acts and subordinate statutes to records of seizure, list of seizure, each list of narcotics appraisal, and investigation reports (calculated additionally);

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 sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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. The proviso to Article 67 of the Narcotics Control Act;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act [unfair circumstances] / [Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order / The fact that the defendant has a criminal record of the same kind of probation period, the fact that the amount of penphones handled by the defendant is not large [a favorable circumstances], the fact that there is a child who must support, that the branch person appeals the defendant's wife, and that the defendant has actively cooperated in the investigation

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