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(영문) 창원지방법원 2016.06.10 2016고단727
마약류관리에관한법률위반(향정)등
Text

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

502,00 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On June 14, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Busan District Court on the part of June 14, 2013, and completed the execution of the said sentence at the previous Jeju Prison on December 8, 2014.

1. A person in violation of the Narcotics Control Act (mariju) is prohibited from smoking marijuana; however, the Defendant, around 14:00 on March 20, 2016, she smoked by inserting one tobacco tobacco at the Estex straw in the vicinity of the D Station located in the Busan East-gu, Busan-gu, and then putting about 0.1g of marijuana at the place.

2. No person, other than a person handling narcotics, etc. in violation of Acts on the Control of Narcotics, etc., shall possess, deliver, or administer a local mental drug;

Despite the fact that the Defendant is not a narcotics handler, the Defendant performed the following acts, such as medication of mert clocks (one philopon; hereinafter referred to as “philopon”).

A. On March 20, 2016, the Defendant injected approximately 0.03g of philophone into the Defendant’s left part, after dilution of approximately 0.03g of philophone from the “GPC room” toilet located in Jinhae-si, Changwon-si, Jin-si, Do.

B. On the same day as in the preceding paragraph 21:30 day, the Defendant delivered approximately 0.2g of philopon to J from the above Eone Starsch Rexroth in parking in the vicinity of “I” located in H of the Busan High-gu Busan High-gu.

(c)

A. On the same day, the Defendant possessed approximately 0.65 g philopon from 22:30 on the day of paragraph (1) to 202 “Kel” located in H of the Seo-gu Busan Metropolitan City.

Summary of Evidence

Criminal facts listed in Paragraph 1 of the judgment:

1. Statement by the defendant in court;

1. Police seizure records and list of seizure;

1. Facts constituting an offense listed in paragraph (2) of the judgment on a narcotics appraisal statement:

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police against J;

1. Police seizure records and list of seizure;

1. A statement on narcotics appraisal;

1. Previous convictions with photographs:

1. Inquiry about criminal history;

1. Application of Acts and subordinate statutes concerning a copy of written judgment, personal identification and current status of confinement;

1. The point of smoking marijuana as prescribed by the relevant law on criminal facts: the control of narcotics;

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