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(영문) 부산지방법원 2019.03.27 2018고단4798

마약류관리에관한법률위반(향정)

Text

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

The seized white paper (Evidence Nos. 1 through 3, 7) shall be confiscated.

Reasons

Punishment of the crime

On July 19, 2017, the Defendant was sentenced to imprisonment for one year and four months for a violation of the Act on the Control of Narcotics, Etc. in the Changwon District Court's Jinju branch on July 19, 201, and completed the execution of the sentence in the Daegu Prison on June 23, 2018, and was not a person handling narcotics.

1. Possession of penphones;

A. On October 24, 2018, at around 15:20, the Defendant: (a) posted approximately 18.57 g of psychotropic drugs, which are psychotropic drugs in vinyl C in vinyl C in the Chang-gu, Changwon-si, Changwon-si; (b) placed approximately 18.57g of psychotropic drugs in a letter bag; (c) carried them in a letter bag; and (d) carried them in a way of carrying 0.2g of philophones, which are psychotropic drugs, which are psychotropic drugs in plastic bags (i.e., “propopon”; hereinafter “propopon”) operated by the Defendant.

B. On October 24, 2018, around 19:00, the Defendant possessed approximately 0.64g of plasticphones, which were located in Vinylphone E, in a way of storing them in a machine.

Accordingly, the defendant possessed approximately 19.41g of philophones.

2. On October 20, 2018, the Defendant administered 0.03 gramopon at the events at the H entrance entrance of Busan G located in Busan G around the middle of his own.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Notification of the results of legal and chemical appraisal, and notification of the results of legal and chemical appraisal;

1. Previous records: References to criminal records and investigation reports (verification of repeated crimes and attachment of a certified copy of a judgment of the same kind);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts, and selection of imprisonment with labor;

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. 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has been punished several times for the same kind of crime, and is transferred.