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(영문) 부산지방법원 2016.05.27 2015고단7847
마약류관리에관한법률위반(향정)등
Text

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

Seized evidence Nos. 3 to 10 shall be confiscated.

2,00 won from the defendant.

Reasons

Punishment of the crime

On October 11, 2013, the Defendant was sentenced to two years of imprisonment for the crime of acquiring stolen goods by the Seoul High Court, and the period of parole was expired on October 28, 2014 among the punishments in Anyang Prison, which was released on October 28, 2014, and on November 18, 2014. On August 22, 2007, the Defendant was sentenced to three years of imprisonment for the crime of violation of the Narcotics Control Act at the Suwon Friwon, and was sentenced to three times of imprisonment for the same kind of crime.

1. Although the Defendant is not a narcotics handler, on September 2015, the Defendant issued approximately 0.2g of the Meet Meet Meet Memopty (hereinafter “Memopon”) to D, which is a local mental medicine, before the trade in the Gangnam-gu Seoul Samsungdong, and received narcotics.

2. Violation of the Narcotics Control Act;

A. On November 13, 2015, around 22:00, the Defendant posted a cigarette containing approximately 0.5 grams of marijuana in Seocho-gu Seoul, Seocho-gu, Seoul, and smoked the maitius’s marijuana.

B. From November 18, 2015, around 13:50 on November 18, 2015, the Defendant, who was not a narcotics handler, carried marijuana by putting 17.07gggg of marijuana at the Defendant’s HBW in the 2nd floor parking lot underground in the building of G branch located in Seocho-gu Seoul Metropolitan Government, Seocho-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the witness D's legal statement or each protocol on D's statement;

1. Notification of the results of legal and chemical appraisal (e.g., white-dried body, hemp), notification of the results of legal and chemical appraisal (e.g., drilling, net 43 times);

1. Handphones and photographs of each seized article;

1. Seizure protocol (No. 15 times a year);

1. Previous convictions on investigation reports (in relation to collection), monthly trends of narcotics: Inquiries about criminal history, and the application of Acts and subordinate statutes making inquiries about identifications;

1. Article 60(1)2, Article 4(1), Article 2 subparag. 3(b) (the point of delivery of opon), Article 61(1)4(a), Article 3 subparag. 10(a) (the point of delivery of oponon), Article 61(1)6, and Article 4 of the Narcotics Control Act concerning criminal facts.

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