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(영문) 창원지방법원 밀양지원 2017.03.30 2016고단668
마약류관리에관한법률위반(향정)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant of "2016 Highest 668" is not a person handling narcotics.

On August 8, 2016, the Defendant, at the house of Hoyang-si B apartment, around 22:30, and at C, at around 103 Dong 506, 103 Dong 506, injected with C, in a way of dilution with C, about 0.05g water, a drug for psychotropic spirit and medicine, and injection with the Defendant’s dead blood colon using a single-use injection device.

"2016 Highest 741" Defendant is not a handler of narcotics.

Around October 23, 2016, the Defendant: (a) put about 0.05g Metetop am, which is a date in a single-use container, into water; (b) melted with water; and (c) stored half of the water in another single-use container; (d) stored in a cooling and freezing room at the Defendant’s residence; and (e) administered the said single-use injection device stored in the said freezing room at the Defendant’s residential toilet on October 23, 2016.

Summary of Evidence

"2016 Highest 668"

1. Statement of the defendant in the first trial record;

1. Protocol of seizure of the police: 2016 Senior 741;

1. Statement of the defendant in the first trial record;

1. Each protocol of seizure by the police;

1. Application of each request for appraisal-related Acts and subordinate statutes;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes 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 for Punishment;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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

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

1. Reasons for sentencing of Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1) of the Criminal Procedure Act / [the scope of recommended punishment] / the medication and simple possession, etc. of the basic area (from October 2 to 2) [the person who is subject to special sentencing] / [the standards for processing multiple crimes] / The upper limit of the scope of punishment for other crimes can be added to the upper limit of the scope of punishment for basic crimes.

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