beta
(영문) 창원지방법원 마산지원 2017.06.09 2017고단415

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 2 through 6 shall be confiscated, respectively.

10,000 won from the defendant

Reasons

Punishment of the crime

On September 25, 2014, the Defendant was sentenced to ten months of imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on March 30, 2015, and completed the execution of the sentence at the Busan District Court on March 30, 2015. On August 19, 2015, the Defendant was sentenced to eight months of imprisonment with labor for a violation of the Work Standards Act at the Busan District Court on August 28, 2015, and completed the execution of the sentence at the Busan District Court on November 28, 2015.

Defendant is not a narcotics handler.

1. On April 17, 2017, at around 11:00, the Defendant administered 0.03 g of approximately 0.03 g, a single scopon, which was a part of a fromatic drug purchased from E, for about four years, within the “D” office operated by the Defendant, which was located in Changwon-si, Changwon-si, Changwon-si, and then administered the fM5 car owned by the Defendant, which was parked in the front of the said office, by drinking it.

2. On April 20, 2017, at around 18:40, the Defendant placed approximately 3.9g of a philopon on a transparent plastic bag in a paper box, which is contained in the transparent plastic bag, in the Defendant’s possession of the Defendant’s goods inside the window located in the window of Chang Mapo-si Mapo-si G, Changwon-si. Around April 2017, the Defendant placed approximately 0.03g of a philopon in a white paper on a wall inside the ridge between the said vehicles, and continued to put about 0.03g of a philopon on a white paper.

3. On April 20, 2017, at around 19:12, the Defendant: (a) placed the Defendant’s residence in Changwon-si Mapo-si G in a 1st floor air conditioners located in a transparent plastic bag; and (b) placed approximately 4.77g of philophones contained in a paper plastic bag in a paper plastic bag.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure and the list of seizure;

1. Investigation report (verification of the reaction of reagents by private individuals to clibate diseases);

1. Each report on internal investigation:

1. A report on investigation (specific relation to the amount of additional collection);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, investigation report (such previous convictions, including repeated crimes, and attachment of such judgment);

1. Article 60(1)2, Article 4(1)1, subparagraph 3(b) of Article 2, and Article 2 and Article 60(1)3(b) of the Act on the Management of Narcotics, Etc., for criminal facts, shall be punished by imprisonment with prison labor for each of the following reasons: