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(영문) 창원지방법원 진주지원 2018.09.07 2018고단851

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 1 to 4 shall be confiscated.

450,000 won from the defendant.

Reasons

Punishment of the crime

On May 26, 2017, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Changwon District Court on one year and six months, and the execution of the sentence was terminated on March 18, 2018.

Defendant is not a narcotics handler.

1. Points of selling philophones;

A. At around 17:51 on April 16, 2018, the Defendant sold to D approximately 0.06 g of 10,000,000 g, the Efex car of D (51 S) parked on the front road located in Jinju-si, Jin-si, Jin-si, and the mecopic mental medicine in the single-use injection machine (hereinafter “copon”).

B. On May 26, 2018, at around 18:20, the Defendant sold to D approximately 0.03g of philopon in the first place of G Jinju located in Jin-si, Jin-si, Jin-si, Jin-si, and sold to D approximately 0.03g of philopon in the first place of injection.

(c)

On June 2, 2018, the Defendant sold approximately 0.15g of philopon 0.15g, which is contained in the disposable injection machine, to D 2.50,000 won.

2. On June 4, 2018, the Defendant: (a) around 17:35, Jin-si, Jin-si, Jin-si: (b) placed approximately 1.82g of philopon on the national highways under neighboring highways in four for a single-time-time-time-based-use-based-use-based-use-based-use-based-based-based-use-based-based-based-based-based-based-

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect examination of D; and

1. Police seizure records (voluntary submission);

1. CCTV images;

1. A letter of appraisal of narcotics (the white-dried end);

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes to investigation reports (Attachment to the same type of judgment);

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. under the relevant Act on the criminal facts;

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. 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 under Article 334(1) of the Criminal Procedure Act;

1. The measure of recommending the application of the sentencing criteria: one year to three years (aggravating).