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(영문) 서울중앙지방법원 2017.05.11 2017고단1221

마약류관리에관한법률위반(향정)등

Text

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

Evidence of seizure Nos. 3 through 10, evidence of 12 through 14, 16, 17, 19, 20, 20

Reasons

Punishment of the crime

On December 18, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act in the Seoul Western District Court on the grounds of violation of the Act on the Control of Narcotics, etc., and completed the execution of the sentence on January 21, 2016 at the Mapo Prison on January 21, 2016, and is not a narcotics handler.

1. Around 19:00 on February 14, 2017, the Defendant: (a) smoked marijuana, which is a native mental medicine, in a way of smoking tobacco, by asking the amount of the dust from the Guro-gu Seoul building and marijuana under 1601, on the pipe of a gambling place and attaching a fire.

2. Around 19:00 on February 15, 2017, the Defendant, in violation of the Narcotics Control Act, injected the camopon, which is a local mental medicine, in a manner of dilution the camopon of approximately 0.01g campopon (hereinafter “copon”).

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of each drug;

1. Protocols of seizure and list of seizure (lists of evidence Nos. 10, 11);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal history inquiry, sentence and personal confinement;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 61 (1) 4 (a) and Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Selection and Management of Narcotics, Etc., and Selection of Punishment for Crimes;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. Article 48 (1) of the Criminal Act, the main sentence of Article 67 of the Narcotics Control Act;

1. A crime of violation of the Act on the Control of Narcotics, Etc. for Sentencing for Sentencing (Scope of Recommendation) in the proviso of Article 67 of the Act on the Control of Narcotics, Etc. for Sentencing (Scope of Punishment) [Article 67] and a crime of violation of the Act on the Control of Narcotics, Etc. (Act No. 1 to 3 years) in the area of aggravation (Article 1 to 3 years) in the area of aggravation (Article 1 to 1 of the Act on the Control of Narcotics, etc. for Sentencing) (Article 67) [Article 67] and a crime of violation of the Act on the Control of Narcotics, etc. (Article 1 to 2 of the Act on the Control of Narcotics, etc. for Sentencing) [Article 67] and a crime of medication and simple possession (Article 67 of the Act on the Control of Narcotics, etc. for Sentencing) (Article 10 to 3