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(영문) 수원지방법원 2016.06.16 2016고단1602
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence 3, 4, or 5 shall be confiscated.

60,000 won from the defendant.

Reasons

Punishment of the crime

On November 14, 2008, the Defendant was sentenced to three years of imprisonment for a violation of the Narcotics Control Act in the Incheon District Court, and completed the execution of the sentence on September 9, 201.

1. Around September 2013, the Defendant: (a) received 269.76gg of marijuana seeds for the purpose of smoking from D in front of the convenience store located near the exit No. 8 of Dongdaemun-gu Seoul Metropolitan Government, Dongdaemun-gu; and (b) possessed them in the manner of keeping them in the middle of the Defendant’s residence at Kimpo-si, Kimpo-si and 104 Dong 306, by keeping them in the middle of his/her residence, until March 25, 2016.

2. Around January 27, 2015, the Defendant was not a narcotics handler, but purchased approximately KRW 600,000 in cash in front of G stations located in Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, and approximately 0.7 grams from H, a local mental medicine for the one-time injection period.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Each protocol of seizure and each list of seizure;

1. Ratification (a seized article and an appraisal report on hair);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, personal identification and acceptance status Acts and subordinate statutes;

1. Article 61 (1) 4 (b) and Article 3 subparagraph 10 of the Act on the Management of Narcotics, Etc. (the possession of the hemp plant seeds, the selection of punishment by imprisonment), Article 60 (1) 2 and Article 4 (1) 1 and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. (the point of trade of philphones, the selection of punishment by imprisonment);

1. Article 35 of the Criminal Act for an aggravated repeated offense (as to the offense of violation of the Narcotics Control Act);

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. Article 48 (1) 1 of the Criminal Act and the main sentence of Article 67 of the Narcotics Control Act;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. - the defendant committed the instant crime even though he had the record of three times criminal punishment for the same kind of crime.

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