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(영문) 창원지방법원 통영지원 2019.03.07 2019고단101
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. The Defendant kept a penphone from January 15, 2019 to October 30, 20 of the same month, in the Defendant’s residence located in the Hosi Building C, and 9.226 g arophone in the Alumin caps caps, and kept them by keeping them in custody.

Accordingly, the Defendant kept psychotropic drugs-related philophones.

2. On November 2018, the Defendant administered a philophone in a manner of drinking the smoke generated by inserting the philophone’s scopon’s scopon’s scopon’s scopon’s scopon’s scopon’s scopon’s scopon’s scopon’s scopon’s scopon’s scopon’s scopon’s

Accordingly, the Defendant administered psychotropic drugs, psychotropic drugs.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries and answers to inquiries;

1. Each explanatory note;

1. Statement of seizure of each police;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (the point of holding psychotropic drugs and the point of administering psychotropic drugs), and selection of a fine, respectively, for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

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

1. In light of the fact that the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order commits again the crime of this case during the period of suspended execution due to the same crime, and the harm that the crime of narcotics affects an individual and society, the defendant’s liability cannot be deemed to be light.

However, there are some circumstances to consider the fact that the instant phiphonephone was not seized in the investigation process of the previous crime, and the frequency of medication is limited to one time, and the crime is committed.

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