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(영문) 창원지방법원 2016.01.07 2015고단3239

마약류관리에관한법률위반(향정)

Text

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

A penalty of KRW 100,000 shall be collected from a defendant.

Reasons

Criminal facts

On February 4, 2015, the Defendant was sentenced to imprisonment for a violation of the Narcotics Control Act in the Changwon District Court Msan Branch for a violation of the Act on the Control of Narcotics, etc., and completed the execution of the sentence at a detention center on September 28, 2015.

Defendant is not a narcotics handler.

1. On November 20, 2015, around 22:00, the Defendant: (a) placed DNA conference 303 in Changwon-si Member C; (b) approximately 0.03 g of mecopphones, a local mental medicine, into a single-use injection machine; and (c) injected them into the left arms, and administered them.

2. On November 22, 2015, the Defendant, around 18:00, kept Fnives 205 in Changwon-si E, Changwon-si, and approximately 0.09g Handphones 0.09g in Australia’s money.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. A written appraisal of each drug;

1. Investigation report (calculated of the market price of mert cancer and additional collection charges);

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (Attachment to the same criminal record and judgment, etc.);

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

1. Selection of each sentence of 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. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommended punishment] medication, simple possession, etc. of the three types (one year to three years) in the area of aggravation (one year to three years), [the scope of final sentence due to the aggravation of execution for not more than three years] of the same type of punishment [the scope of final sentence due to the aggravation of execution for multiple crimes] from one year to four years and six months [the circumstances considered] - Unfavorable circumstances: The fact that there is a large number of records of criminal punishment for the same kind of crime, crimes committed during the period of repeated offense due to the same kind of crime, etc. - Other favorable circumstances: confession, confession, reflect, etc. - Other conditions favorable to the fact that the person suffers from liver, etc. [the decision of sentence] imprisonment with prison labor for not more than one year and four months;