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(영문) 창원지방법원 2017.09.20 2017고단1901
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 1 shall be confiscated.

70,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On January 19, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the District Court for ten months, and completed the execution of the sentence on August 21, 2016.

Even if the Defendant is not a narcotics handler, the Defendant treated the Mepter (the diaphonephone, hereinafter referred to as the philophone) of a local mental medicine as follows:

1. On June 1, 2017, the Defendant: (a) sent philophones free of charge; (b) 301 Doophones located in Ulsan-gu C; and (c) 0.63 g of philophones free of charge to E, and frophones with them.

2. On June 2, 2017, the Defendant: (a) injected philophones around 02:00; (b) 301 philophones; and (c) 0.03 g philophones into a single-use injection machine; and (b) dilution them with water; and (c) administered them by means of injection on their arms.

3. On June 2, 2017, the Defendant: (a) carried phiphones with approximately 17:40 square meters; (b) around 17:40 square meters; (c) 305 phiphones; and (d) approximately 0.09 g of phiphones in a guest room, and carried them by setting them under the contact risks in a guest room.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect interrogation of E by the prosecution;

1. A written appraisal of each drug (exploited articles and uricts);

1. A protocol of seizure and a list of seizure;

1. A report on investigation (related to the suspect's scopon medication);

1. A report on investigation (report on the calculation of an additional collection charge);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A), investigation report (verification of the date of release from office and attachment of a certified copy of the judgment);

1. Relevant legal provisions of the Act on the Management of Narcotics, etc. for the Crime and Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. for the Selection of Punishment, and Selection of Imprisonment with prison labor;

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

1. The basic area of crimes (as defined in items (b) and (c) on the grounds of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (as defined in items (a) and (b)) of the Act on the Management of Narcotics, Etc. is three types of crimes (as defined in items (a) and (b)).

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