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(영문) 창원지방법원 2018.01.18 2017고단3816
마약류관리에관한법률위반(향정)등
Text

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

Seized evidence 2 shall be confiscated.

103,00 won from the defendant.

Reasons

Punishment of the crime

On March 24, 2016, the Defendant was sentenced to imprisonment of one year and six months with labor for a violation of the Narcotics Control Act at the Changwon District Court on May 31, 2017, and completed the execution of the sentence on May 31, 2017, and, despite the fact that the Defendant is not a narcotics handler, the Defendant treated the Mepter (the diaphonephone; hereinafter “philopon”) and marijuana as follows.

1. On November 18, 2017, the Defendant, in violation of the Narcotics Control Act, administered the DNA car driven by the Defendant, parked in the vicinity of the C Building, around 16:00, in a manner of drinking off to a coffee 0.03g of philopon to a coffee.

2. Violation of the Narcotics Control Act;

A. Around November 12, 2017, the Defendant smoked in a manner of smoking tobacco, putting in a pipe that had been prepared in advance about 0.5g of marijuana in a pipe that was parked near the above C building, and then smoking in a way of smoking, as the Defendant smoked, by attaching a smoke to the pipe that had been prepared in advance for marijuana 0.5g.

B. On November 13, 2017, at around 14:20, the Defendant, while holding marijuana, parked in front of a F cafeteria located in E, carrying it by placing approximately 0.01g of marijuana in a nesn plastic case, and carrying it in the Defendant’s D car operated by the Defendant.

Summary of Evidence

The application of Acts and subordinate statutes to a criminal investigation report (the date of release of a suspect and the report accompanied by a certified copy of the judgment) on the investigation report on narcotics in the defendant's protocol of seizure;

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Selective Control of Narcotics, Etc. (the points of scopon medication) concerning criminal facts, Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Narcotics Control Act (the point of smoking marijuana), Article 61 (1) 6 and Article 4 (1) 2 of the Narcotics Control Act (the point of smoking marijuana) concerning criminal facts;

possession) / Imprisonment selection

2. Article 35 of the Criminal Act for aggravated repeated crimes;

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

4. Matters concerning the management of confiscated narcotics;

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