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(영문) 창원지방법원 통영지원 2017.01.19 2016고단1873

마약류관리에관한법률위반(향정)

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Nos. 1 through 3 of seized evidence shall be taken by the defendant respectively.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Changwon District Court on February 7, 2014 and one year and two months for the same year.

7. 20. The execution of the sentence was completed in the original prison.

[Criminal facts]

1. On November 22, 2016, the Defendant, even though he is not a narcotics handler, put DNA car parked in the vicinity of the Gyeongnam-gun, Gyeongnam-gun into a single-use injection machine and 0.05g g, acquired in a non-fluent manner, and injected it by inserting it into his left arms, after dilutioning it into a single-use injection machine.

2. On November 22, 2016, the Defendant, who was holding Mesamins, carried Mesamins, in a manner that put in his/her upper mix 28.57g of Mesamins, which was acquired by a fluorous method, in front of the Masamins E, rather than in front of the Gyeongnam-gun, and was in possession of it by placing it in his/her upper m

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made in relation to F and G;

1. Protocols of police seizure and list of seizure;

1. Photographs of seized articles;

1. Each narcotics appraisal report and reply to a request for appraisal;

1. Currency details;

1. Investigative report (Listening to statements by informants), investigative report (referring to correction of the amount of seizure of phiphonephones), investigation report (referring to confirmation of the statement of a suspect), investigation report (report on calculation of the amount of collection), investigation report (referring to reporting on calculation of the amount of collection), and investigation report (referring to the time of medication);

1. Previous convictions: Results of prisoners’ search, inquiry about criminal history, investigation report (Attachment to the same criminal record and the judgment), application of Acts and subordinate statutes of the judgment;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, and Article 2 (3) of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Facts and the Selection of Punishment for the Punishment of Specific Crimes (the medication of Mesacopty, the receipt of messages), and the selection of punishment for imprisonment;

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. Article 48 (1) 1 of the Criminal Act and the main sentence of Article 67 of the Narcotics Control Act;

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

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order