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(영문) 창원지방법원 2012.10.18 2012고단2862

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On February 15, 2011, the Defendant was sentenced to one year and four months for the violation of the Act on the Control of Narcotics, Etc. at Busan District Court on February 15, 201, and completed the execution of the sentence in a wooden prison on March 29, 2012.

1. Around 02:00 on September 3, 2012, the Defendant, who is not a person handling narcotics, posted approximately 0.03 g of Mesopha, a psychotropic drug, into a disposable injection machine, and injected it into the following arms, which was parked on the road prior to the convenience store in Jinju City.

2. On September 3, 2012, the Defendant, even if not a person handling narcotics, kept in the E office in Jinju-si, E office, and kept 0.11g of mert 0.11g of mert cams in the hand room.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Records of seizure and photographs of seized articles;

1. Photographss of the seizure site and reports on requests for appraisal;

1. An investigation report (calculated on an additional collection charge), and a monthly trend of narcotics;

1. Before judgment: Criminal records, previous records, report on results of confirmation before and after disposition, investigation report (report on confirmation of the expiration date of punishment), and application of Acts and subordinate statutes to the current status of personal identification;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts;

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. In light of the fact that the sentencing of the proviso of Article 67 of the Act on the Control of Narcotics, Etc. has eight times the criminal records of the same kind, and the criminal records of the same crime committed each of the instant crimes during the period of repeated crimes, a sentence of punishment is inevitable. However, the criminal records of the criminal records are unavoidable, but the criminal records are committed, the criminal records of the criminal records are committed, the criminal records of the criminal records are confined, the criminal records are being detained, and the criminal records are showing a strong short-term doctor, and the criminal records are determined