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(영문) 수원지방법원 평택지원 2019.08.23 2019고단803

마약류관리에관한법률위반(향정)

Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Seized evidence No. 1 shall be confiscated.

10,000 won from the defendant.

Reasons

Punishment of the crime

The Defendant, on March 16, 2016, was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at Daejeon District Court on March 16, 2016, and completed the execution of the sentence in the Clean Female Prison on January 17, 2017.

The defendant is not a person handling narcotics.

1. On May 24, 2019, the Defendant administered a clopon (hereinafter “clopon”) medication at the guest room of “Clopic” located in Seo-gu Busan, Seo-gu, Busan, by burning approximately 0.1g of copon to the call.

2. At around 15:05 on May 27, 2019, the Defendant, who possesses phiphones, carried a phiphone by inserting a phiphone containing approximately 0.11g of philophones in the guest room of “E hotel” located in Jung-gu Busan, Jung-gu, Busan.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of seizure and the list of seizure (record 273, 274 pages);

1. The place where a curine is found to have been inspected;

1. Each request for appraisal;

1. An explanatory statement;

1. Previous records of judgment: Criminal records, correspondence records, personal confinement status, application of statutes of the judgment; and

1. Relevant Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. and the selection of punishment for the crime (the administration of phiphones and the possession of phiphones) and the selection of imprisonment with prison labor, respectively;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of recommendations according to the sentencing criteria (decision of types): 01. Medication, simple possession, etc. (Type 3) of narcotics crimes;

Items c) and c.

Title [Special Convicts] None [The area of recommendations and the scope of recommendations] basic area, 10 to 2 years of imprisonment

2. Following the decision of sentencing, the records of this case, such as the defendant's age, character and conduct, environment, motive, means and result of the crime, and the circumstances after the crime, are shown.