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(영문) 창원지방법원 진주지원 2014.06.24 2014고단141
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

[Criminal Power] On January 9, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Jeonju District Court on January 9, 2013, and completed the execution of the said punishment on September 3, 2013.

【Criminal Facts】

1. On December 28, 2013, the Defendant purchased approximately 0.25 grams from C, a psychotropic drug, at the vicinity of the entrance of a restaurant located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul, for approximately 200,000 won.

2. On February 1, 2014, at around 19:00, the Defendant administered approximately 0.03g of phiphonephones in the form of drinking water in his/her own dwelling area, No. 502 of the D Building 502, Busan Metropolitan City, for the purpose of drinking water.

3. On February 4, 2014, at around 15:10, the Defendant sealed approximately 0.22 gramphones in the same place as the above 2.1, and carried them in the form of packing them on the paper paper of the receipt, and storing them in one’s wall paper.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure;

1. A report on the results of preliminary experiments by the State;

1. Correspondence to the request for appraisal, and reply to the request for appraisal;

1. Previous records of judgment: Application of Acts and subordinate statutes on criminal records, inquiry reports, investigation reports (Attachment of judgment), and personal identification records;

1. The punishment provided for in Article 60 (1) 2, Articles 4 (1), and 2 subparagraph 3 (b) (the point of transaction, medication, and possession of philopon) of the Act on the Protection of Relevant Acts and the Optional Drugs, etc. to Criminal Facts, and imprisonment with prison labor;

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

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

1. The reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. are as follows: (a) in light of the fact that the defendant had served seven times or more as the same crime, but has committed another crime during the period of repeated crime of the same crime; (b) in determining the term of punishment, the sentence of punishment is inevitable; (c) the age, character and behavior, family environment of the defendant; (d) the amount of penphones possessed by the defendant; and (e) the attitude that

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