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(영문) 창원지방법원 진주지원 2016.03.30 2016고단62
마약류관리에관한법률위반(향정)
Text

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

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On July 20, 2010, the Defendant was sentenced to a suspended sentence of ten months for a crime of violation of the Narcotics Control Act at the Busan District Court, and was sentenced to six months for a crime of violation of the Narcotics Control Act at the Daejeon District Court on June 16, 201, and the said judgment became final and conclusive on April 26, 2012, and the sentence of the said suspended sentence became null and void and the execution of the said sentence was completed on January 18, 2013 at the Busan District Court for Job Training.

1. On December 2015, the Defendant purchased, in cash, at KRW 100,00,000, the amount equivalent to 0.03g of Mepters (philopon) who was accumulated from D in front of the main gate in front of the dwelling of the Defendant in Jinju-si, located in Jinju-si, in cash.

2. On January 30, 2016, the Defendant administered drugs in such a way as to prevent the amount equivalent to 0.03g of philophone 0.03g, purchased at the inner room of the above residence, as above, from drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. Personal information on narcotics crimes (referring to 76 pages of investigation records), and images prior to narcotics crimes (referring to 77 pages of investigation records);

1. A statement on narcotics appraisal;

1. A report on investigation (calculated market price and additional collection charges, and monthly trend of narcotics);

1. Previous convictions: Inquiries about criminal history, investigation reports (the same criminal record and previous convictions), and application of Acts and subordinate statutes to investigation reports (the result of confirmation of expiration of term of punishment);

1. Imprisonment with labor for a crime under Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc. under the relevant Act, or imprisonment with labor for a crime;

1. Article 35 of the Criminal Act: Aggravation of repeated crimes (limited to the purchase of phiphones);

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. The proviso to Article 67 of the Narcotics Control Act;

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