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(영문) 창원지방법원 2015.01.27 2014고단3334

마약류관리에관한법률위반(향정)등

Text

1. The defendant shall be punished by imprisonment with prison labor for a year and two months;

2. The evidence seized shall be confiscated from the defendant;

3...

Reasons

Punishment of the crime

On July 15, 2011, the Defendant was sentenced to one year of imprisonment and three years of suspended execution as a crime of violating the Act on the Control of Narcotics, etc. at the Changwon District Court on July 15, 201, and was sentenced to one year of imprisonment as a crime of violating the Act on the Control of Narcotics, etc. at the Changwon District Court, on January 18, 2012 during the grace period, and the judgment became final and conclusive on January 26, 2012, and the sentence of suspended execution was terminated on October 21, 2013.

1. Around November 29, 2014, the Defendant violated the Act on the Control of Narcotics, etc. (flavoring) put approximately 0.03g of psychotropic drugs into a single-use injection machine, melting them into the left arms, and administered them in a way of injecting them into the left arms, at the Defendant’s house located in tight Croud 103 of tight Croudum (hereinafter “one-time crophone”).

2. Around 09:00 on December 1, 2014, the Defendant violated the Act on the Control of Narcotics, etc. (mariana) and smoked by inserting about 0.4gg of marijuana at the home of the above Defendant at around 09:0 and inserting the smoke of the smoke.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure;

1. Written reply to dactines, written reply to dactines, each report on dactines made with four copies, and each photograph;

1. An investigation report (related to the calculation of additional collection charges);

1. Previous convictions: Application of criminal records, etc. inquiry reports, personal confinement status, investigation reports (verification of the date of release from prison, and attachment of a copy of judgment);

1. Article 60 (1) 2, Article 4 (1), subparagraph 3 (b) of Article 2, Article 61 (1) 4 (a), and subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, Etc. (the point of smoking marijuana) on the crime committed;

1. Selection of each sentence 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. Grounds for sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, etc.