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(영문) 대전지방법원 2015.06.16 2015고단1238
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

15,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Violation of the Act on the Control of Narcotics;

A. On November 27, 2014, around 19:00, the Defendant received the 5-6-time medication portion (a.e., approximately 2.5-3 grams) of the hemp plant from D on the road near the Defendant’s dwelling place of 101, Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City.

B. On November 27, 2014, at around 20:00, the Defendant smoked tobacco in the daily franchising Madrid op, located in the Dong-dong, Nam-gu, Dong-gu, Chungcheongnam-gu, and 0.5g of the hemp plant inside the franchising.

C. On April 17, 2015, around 19:30, the Defendant smoked approximately 0.5g of the hemp plant in the same manner as the above C Housing 101, as the foregoing paragraph (b).

2. Around April 17, 2015, the Defendant administered approximately 0.05 g of psychotropic drugs, which is psychotropic drugs, on a coffee, pursuant to the above CHousing 101, around April 17, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure;

1. A certificate of simple inspection of reagents;

1. Report on investigation (the result of the preliminary experiment);

1. Application of Acts and subordinate statutes concerning the calculation of additional collection charges;

1. Articles 60 (1) 2, 4 (1), 2 subparagraph 3 (b), 61 (1) 6, and 4 (1) 2, and 61 (1) 4 (a) and 3 subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, etc. of Specific Crimes;

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

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;

1. In light of the fact that a person repeatedly commits the same kind of crime in the reason for sentencing under Article 334(1) of the Criminal Procedure Act, and that there are many same kinds of records, it is reasonable to sentence the sentence written in the text.

It is so decided as per Disposition for the above reasons.

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