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(영문) 전주지방법원 2015.05.22 2015고단438
마약류관리에관한법률위반(향정)
Text

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

Two (Evidence No. 1) and No. 1) for disposable divers seized.

Reasons

Punishment of the crime

The Defendant, at the Changwon District Court on June 26, 2014, sentenced ten months to imprisonment for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence on August 13, 2014, is not a person handling narcotics.

1. Around 14:00 on March 18, 2015, the Defendant: (a) received KRW 500,000 from E, and sold to E, a psychotropic drug, approximately 2.18g of psychotropic drugs, within tran car parked in front of the NHFD D branch in the NHFC D branch in Changwon-si, Changwon-si; and (b) sold to E, a psychotropic drug.

2. Around 09:00 on March 23, 2015, the Defendant administered the medication at the home of the Defendant at Changwon-si, Changwon-si, F apartment, 105 dong 1508, with approximately 0.03 gramphonephones in a single-use injection machine, and after dilution with deep water.

3. Around 15:30 on March 23, 2015, the Defendant, who was in possession, carried in the front of the H oil station located in Changwon-si G, Changwon-si, by inserting about 0.69g of clophonephones into the J oil station located in Changwon-si, Changwon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report and protocol of seizure (Evidence No. 105 pages);

1. Report on the results of each request for appraisal, and a report on the results of a reurgical examination;

1. Previous convictions indicated in judgment: The application of criminal records and investigation reports (written judgments and report on the current status of confinement) Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 (Article 2) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor for a crime;

2. Article 35 of the Criminal Act among repeated crimes;

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

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

5. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (600,000 won = 500,000 won in the selling price (per 100,000 won in a penphone)).

1. The scope of applicable sentences under law: Imprisonment for one month to thirty years; and

2. The scope of recommendations according to the sentencing criteria; and

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