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(영문) 창원지방법원 진주지원 2016.08.10 2016고단63
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On February 1, 2016, the Defendant purchased approximately KRW 0.03g of the Mesophical clopon (one philopon; hereinafter “philopon”) from F, in cash, approximately KRW 0.03g of Melopon, a local mental medicine, in front of the E hospital located in Jinju-si, Jinju-si.

2. On February 1, 2016, the Defendant administered approximately 0.03g of philophonephones purchased as above, in the H Park cremation room located in J, Jinju-si, in a way of drinking them by hanging at the h.m.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (involving philophones as a result of dial appraisal), investigation report (calculated of the market price of Mefaculs and additional collection charges), and investigation report (in cases of extracting visual data from CCTV images in the E hospital, with respect to the extraction of visual data);

1. Monthly trends of narcotics, reports on the results of the preliminary test for urinal narcotics, and reports on urinal narcotics;

1. Application of Acts and subordinate statutes to the CCTV cans of hospital CCTVs;

1. Relevant legal provisions of the Act on the Management of Narcotics, etc., and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc., and Selection of imprisonment with prison labor for a crime;

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. The scope of sentence recommended according to the sentencing criteria;

(a) Crimes of violation of the Act on the Control of Narcotics, Etc. due to the Purchase of Handphones [types] Trading (b) narcotics [Special Aggravations] / [Special Aggravations] Before the previous conviction (within the period of a stay of execution within the period of three years) / purchase for medication, simple possession, etc., and cooperation in important investigation [the scope of recommendations] between eight months and one year and six months (the area of mitigation);

(b) Crimes of violation of the Act on the Control of Narcotics, Etc. due to the administration of phiphonephones (determination of types), medication (b) / (special aggravation factor / special aggravation factor / special aggravation factor / special mitigation factor / special mitigation factor / special mitigation factor / cooperation in investigation / [Scope of recommended punishment / imprisonment for not less than 10 months and not more than 2 years (basic area)

(c) multiple crimes;

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