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(영문) 부산지방법원 2016.10.20 2016고단3608

마약류관리에관한법률위반(향정)

Text

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

Seized evidence subparagraph 1 shall be forfeited from the accused.

Reasons

Punishment of the crime

[Criminal Power] On February 6, 2014, the Defendant was sentenced to imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Suwon District Court on February 6, 201, and was sentenced for two years and six months on February 26, 2015, and completed the execution of the sentence at the third prison of the North Korean defectors on February 26, 2015, the same military power

【Criminal Facts】

On June 17, 2016, around 18:40 on June 17, 2016, the Defendant, despite that he is not a person handling narcotics, carried approximately 4.83 g of psychotropic drugs, as the Defendant was placed in a machine, in D located in Busan C, a psychotropic drug.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. An explanatory note;

1. Previous offense: Application of Acts and subordinate statutes to criminal records, investigation reports (date of release and confirmation of repeated offense);

1. Article 60 (3) and (1) 2 of the Act on the Control of Narcotics, etc. and Article 4 (1) 1 of the same Act and subparagraph 3 (b) of Article 2 of the same Act (Selection of Imprisonment) of the relevant Act on the crime and the selection of punishment

1. Article 35 of the Criminal Act among repeated crimes;

1. Reasons for sentencing under the main sentence of Article 67 of the Act on the Control of Narcotics, etc. [Scope of Recommendation] Medication, simple possession, etc., taking into account the basic area (10 to 2 years) (10 to 3 years) of the Act on the Control of Narcotics, etc. (10 to 3 years of special mitigation] / The important cooperation in investigation / The decision of sentence / the same criminal record (in a case where the sentence is not more than 3 years of suspended execution] criminal records, the