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(영문) 부산지방법원 2017.06.16 2017고단2345

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for one year.

3,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On April 7, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and on January 15, 2017, the Defendant completed the execution of the sentence at the former District Court on January 15, 2017, and is

1. At around 21:00 on April 14, 2017, the Defendant, who was released from a scopon medication, 0.03g of approximately 0.03 g of the Mecopon, which is a local mental medicine, at the Defendant’s home (Scopon A Dong 105, Nam-gu, Busan) (i.e., Busan).

2. The Defendant, at around 24:00 on the same day, smoked marijuana in a manner of inhaleing the smoke, after removing the corresponding tobacco from the same place, inserting the corresponding tobacco into the marith of marijuana, and then attaching the rain to the rash:

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure and list of seizure, respective appraisal records, investigation reports (netly 16), and monthly trends of narcotics ( January 2017);

1. Previous convictions: Inquiry about criminal history, results of screening prisoners, and application of the text of the judgment;

1. Imprisonment with prison labor under Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, and Article 61 (1) 4 (a) and subparagraph 10 (a) of Article 3 of the Narcotics Control Act concerning facts constituting an offense;

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. Crimes No. 1 for reasons of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommendations] / [the scope of recommendations / 10 months / 2 years ] the aggravated area (one to three years : (b) and (c)) the aggravated area (one to three years ; (c) the special aggravated person / [the scope of recommendations / the suspension of execution for not more than three years ] the aggravated area (referring to marijuana, d. (e) and (e) the simple possession, etc.) of the two types of crimes (the special aggravated person / [the scope of punishment ] the aggravated area (one to two years / the special aggravated person / the suspension of execution for not more than three years) of the previous crimes of the same kind and the final sentence according to the majority aggravated area: