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(영문) 창원지방법원 2015.01.30 2014고단3471

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

The evidence seized shall be confiscated from the accused.

Reasons

Punishment of the crime

The Defendant, at the Busan District Court on September 8, 2009, sentenced ten months of imprisonment and two years of suspended sentence for a violation of the Act on the Control of Narcotics, Etc., and was sentenced to one year of imprisonment for the same crime in the same court on August 17, 2010, which became final and conclusive on November 5, 2010, thereby the sentence of suspended sentence becomes void, and the execution of the sentence was completed on January 4, 2012 by the Heung prison.

1. Around 20:00 on December 11, 2014, the Defendant violated the Act on the Control of Narcotics, etc. (mariju) smoked in the wetlands ecological park in the triang Riverside Sports Park in Busan trigramsa-gu, Busan, by inserting about 0.2g of the tobacco, inserting approximately 0.2g of the hemp on the spot and attaching a fire to it.

2. The Defendant is not a person handling narcotics, etc.

The defendant, around 17:00 on December 12, 2014, is called Dmotour 305 located in Busan Sho-gu, Busan, and Mediphones below Megatop (hereinafter referred to as psychotropic drugs).

approximately 0.03g was put in a single-use injection machine and administered in a way that the left traw after being melted.

B. At around 22:30 on December 14, 2014, the Defendant: (a) putting approximately 0.33g of philopon on the street front of the said DNA telephone into three for a single-time injection machine; and (b) carried them into the Australian machine.

Summary of Evidence

1. Defendant's legal statement;

1. The evidence list Nos. 1 to 3, 11 to 13 submitted by the prosecutor

1. Previous convictions in judgment: Application of the above evidence list Nos. 6, 9, and 10;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 61 (1) 4 (a), and Article 3 (10) 10 (a) of the Narcotics Control Act concerning the facts constituting an offense, the choice of a sentence, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 67 of the Act on the Management of Narcotics, etc. subject to Confiscation and Collection.