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(영문) 창원지방법원 2018.06.08 2017고단4096

마약류관리에관한법률위반(향정)

Text

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

300,000 won shall be additionally collected from the defendant.

Reasons

Criminal facts

On February 2, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Changwon District Court on one year and six months, and completed the execution of the sentence at the original prison on March 8, 2017.

[2017 Highest 4096] The Defendant, who is not a narcotics handler, dealt with the Metepopic clopic clopic copic copic copic copic copics (hereinafter “copic copic copic copics”),

1. On September 21, 2017, the Defendant, on September 21, 2017, administered a philopon in a single-use injection machine with approximately 0.03g of philopon in the Curopon D around 00:30 on September 21, 2017, and dilution it with its own arms.

2. On November 30, 2017, the Defendant administered a penphone in around November 30, 2017, in a way that 0.03g of opphones from a guest room in the Furho Lake E at around Kimhae-si on November 30, 2017.

[2018 Highest 1104] The Defendant, even though not a narcotics handler, issued phiphonephones by putting approximately 0.06g of opphones in a transparent plastic plastic bag in front of the cross-regional convenience store in the Kimhae-si, G around October 14, 2017, even though he was not a narcotics handler.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A protocol of seizure and a list of seizure;

1. A response to a request for appraisal (2017 highest 4096 case records 232 pages or less of the evidence);

1. Each investigation report (calculated of additional collection charges);

1. Previous convictions in judgment: Application of a reply to inquiry, such as the criminal history of the 2017 Highest 4096 case, and an investigation report (Attachment, such as confirmation of the date of release of a suspect and certified copy of the 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. for the Prevention of Criminal Facts and the Selection of Punishment (the fact of medication and delivery of phiphonephones, and the selection of punishment by imprisonment);

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. Grounds for sentencing under the proviso of Article 67 of the Narcotics Control Act;