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(영문) 창원지방법원 2015.05.13 2015고단786

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1, 3, 9, 10 shall be forfeited from the accused.

Reasons

Punishment of the crime

On November 15, 2012, the Defendant was sentenced to two years of imprisonment for the crime of violation of the Act on the Control of Narcotics, etc. at the Jung-gu District Court on November 15, 2012, and completed the execution of the sentence at the custody center on June 6, 2014, and was not a person handling narcotics.

1. On March 29, 2015, the Defendant administered approximately 0.03g of psychotropic drugs (hereinafter “propopon”) in a single-use injection machine, and in a way that the Defendant injected into the left arms following the growth course melting them, on March 10, 2015, by inserting approximately 503g of psychotropic drugs in Daegu Dong-gu C.

2. On March 29, 2015, at around 20:40, the Defendant kept approximately KRW 62.97 ghopon in the middle of the string line of the GHS car stopped on the road in front of the F convenience point in Daegu Dong-gu, Daegu-gu, and possessed it.

3. On March 30, 2015, around 20:30, the Defendant possessed multi-household 303 located in Daegu-gu H by inserting 140.04g Handphones under the Defendant’s house located in Daegu-gu, Daegu-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of seizure of each police;

1. Each request for appraisal;

1. Investigation report (investigation of the current market price of Metep cancer and calculation of additional collection charges);

1. Each photograph;

1. Previous convictions: Application of criminal records and investigation reports (verification of the date of final release) and statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) (Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Act on the Criminal Facts (to the point of administration and possession of phiphones, and to the choice of imprisonment

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 Narcotics Control Act;

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 not only the fact that the defendant has been punished several times for the same kind of crime, but also the fact that the defendant committed the crime of this case during the period of repeated crime, and the amount of philophones possessed by the defendant reaches a considerable degree, and thus, the defendant's responsibility for the crime is heavy.

However, the defendant.