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(영문) 수원지방법원 성남지원 2016.03.09 2016고단185

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

Two philophones (No. 1) shall be confiscated.

Reasons

Punishment of the crime

Criminal history is a crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Suwon Friwon on December 15, 2014, which was sentenced to a suspended sentence of three years in December 1 and June, 201, and the judgment became final and conclusive on December 23, 2014, and is currently under suspended sentence.

Criminal facts

1. Although the Defendant is not a handler of narcotics, etc., on January 13, 2016, the Defendant d'D’ located on the first floor of the Manan-gu Mayang-gu C, Mayang-gu, Manyang-si on January 13, 2016, sent approximately 0.03 g of the meconthn (one philopon; hereinafter referred to as the "philopon") which is a local mental medicine.

Accordingly, the Defendant administered a local mental medicine.

2. A defendant who violated the Act on the Control of Narcotics, etc. due to possession of drugs with a psychotropic spirit, is not a narcotics handler, but is operated by the defendant at a parking lot near the Manyang-gu, Ma on January 14, 2016, where around 10:30 on March 14, 2016;

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Accordingly, the defendant possessed a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. A statement on narcotics appraisal;

1. Investigation report (report on the investigation of the quantity of phiphones seized), investigation report (report on the calculation of additional collection charges);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (Attachment of judgment of a stay of execution), and application of the text of judgment;

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 (to be punished by imprisonment with prison labor);

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. Three types of 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. (the head of the relevant Si/Gun/Gu)