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(영문) 창원지방법원 진주지원 2018.02.07 2017고단1157
마약류관리에관한법률위반(향정)
Text

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

10,000 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

On May 11, 2016, the Defendant was sentenced to imprisonment for a violation of the Act on the Control of Narcotics, Etc. in the Jinwon District Court's Jinju branch on one year and six months, and completed the execution of the sentence in the former prison on September 19, 2017 and had a total of seven criminal records.

1. Violation of the Narcotics Control Act (fluence) - On November 5, 2017, the Defendant received and delivered approximately 0.03 grams from the first floor stairs of the building in Jin-si, Jin-si, Jin-si, Seoul, about 14:00, the Defendant received and delivered approximately 0.03 grams from D, a local mental medicine medicine, a paper penphone (hereinafter “propopon”).

2. Violation of the Act on the Control of Narcotics, Etc. - The Defendant, on December 6, 2017, administered 0.03 grams to a coffee at an empty office located on the E 2nd floor in Jin-ju, Jin-ju, Gyeongnam-do, on December 6, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Correspondence to a request for appraisal;

1. Previous conviction: Inquiry about criminal history and application of Acts and subordinate statutes concerning personal confinement;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Article 60 of the same Act concerning facts constituting an offense;

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

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

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Recommendations for the application of the sentencing criteria: A person who is subject to special sentencing between one year and three years (in the area of aggravated punishment): A previous offense of the same kind;

2. The Defendant, who was sentenced to the sentence, was sentenced to seven times the past records of the narcotics crime, and was sentenced to the sentence for the narcotics crime, and two months have not passed after the execution of the sentence was completed, again committed the narcotics crime.

In addition, the punishment as ordered shall be determined in consideration of all the sentencing conditions specified in the pleadings of the instant case, such as the age, sex, environment, background, means and result of the instant case, and the circumstances after the crime.

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