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(영문) 창원지방법원 2017.11.01 2017고단1825
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On October 19, 2016, the Defendant was sentenced to four months of imprisonment for a violation of road traffic law (unlicensed driving) in the Jinwon District Court's Jinwon District Court's Jin, and completed the execution of the sentence on February 16, 2017.

Although the Defendant is not a narcotics handler, at around 15:00 on May 21, 2017, at the Defendant’s residence located in Jinju-si, the Defendant administered approximately 0.03 g of Mesofts (one philophone, hereinafter referred to as “philophone”), which is a local mental medicine, in a way that they are sent to coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. A letter of appraisal of narcotics;

1. Investigation report (to reply to a request for appraisal - Attachment of a narcotics appraisal report);

1. A report on investigation (the confirmation of a surcharge thereon);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of suspect convicts);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning facts constituting an offense (the choice of imprisonment with prison labor);

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

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommended punishment] Medicationing and simple possession, etc., and the important cooperation in investigation (the person subject to special mitigation (special mitigation) from October to two years) in the basic area (the person subject to special mitigation) / The defendant recognized the crime of this case / The defendant appears to be having a father who is suffering from cancer, and the investigation agency seems to have been in existence on the basis of other cases after informing the other cases.

However, the defendant does not administer philophones again after being judged to have committed a crime of giving and receiving narcotics in the same criminal records and six times (not less than three times before the sentence is sentenced) and being tried to have committed a separate crime of giving and receiving narcotics for about two years.

The sentence of this case was imposed even after being placed prior to the suspension of execution, such as the commission of this case, and the repeated crime due to a violation of another road traffic law (unlicensed driving) was committed during the period of repeated crime.

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