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(영문) 창원지방법원 2014.05.15 2014고단453
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment with prison labor for a year and two months;

2. Seized evidence as referred to in subparagraphs 1 through 4 shall be confiscated;

3...

Reasons

Punishment of the crime

On May 25, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Ulsan District Court on May 25, 2012, and completed the execution of the said punishment on September 16, 2013.

1. On February 16, 2014, at around 10:00, the Defendant administered approximately 0.03 g of psychotropic drugs, which are psychotropic drugs, in the form of a paraspon, in the form of a paraspon, in the form of a paraspon, which is a psychotropic substance, in the form of a single-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-use-of-

2. Even if the Defendant is not a person handling narcotics, the Defendant possessed, around February 16, 2014, the F E-Foos car parked on the frontway located in Daegu-gu Dong-gu, Daegu-gu, in a way of dividing the 1.23g of philopon into four parts for a day-time-time-time-time-time-use-use-use-use-use-of-day-use-use-use-use-

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure, each list of seizure, and investigation reports (as to attachment of evidentiary photographs);

1. Written replys to requests for appraisal, investigation reports (written confirmations on handovers and reports on the results of preliminary tests on narcotics shall be attached);

1. Previous records: Criminal records, previous records of dispositions and report on results of confirmation, investigation reports (Attachment to judgment A related to a suspect), and application of Acts and subordinate statutes to the personal identification and confinement status;

1. Article 60 (1) 2, Articles 4 (1), and 2 subparagraph 3 (b) (the provision of a phiphoneon medication and possession) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor for the crime;

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

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

4. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

5. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is not only that the Defendant has been punished several times due to drug crimes (two times of imprisonment and two times of suspension of the execution of imprisonment) but also that the Defendant committed the instant crime without being aware of the fact that he/she committed the instant crime even though he/she was in the period of repeated crime due to the previous conviction in the judgment, and that the amount of phiphones handled is

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