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(영문) 창원지방법원 2013.06.21 2013고단1124
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence 1 through 10 shall be confiscated.

50,000 won from the defendant.

Reasons

Punishment of the crime

On May 31, 2012, the Defendant was sentenced to one year after having been sentenced to imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court on May 31, 2012, and completed the execution of the sentence in Chuncheon prison on April 3, 2013.

The defendant is not a person handling narcotics.

1. On April 29, 2013, the Defendant sold to E 40,000 won 40,000 won a price for psychotropic drugs, which are psychotropic drugs, 0.52g of psychotropic drugs (one single philophone) in the way of the d elementary school dry-gu, Jinhae-si, Changwon-si, Jin-si C.

2. On May 1, 2013, at around 23:00, the Defendant administered approximately 0.03g of philopon to his arms in the way of injecting Jinagu, Jingu, Jingu, Jingu, by means of melting 0.03g of philopon after melting a single-use injection device into his arms.

3. At around 12:50 on May 2, 2013, the Defendant possessed 5.23g of a philopon 4.45g, a sum of 0.78g 0.23g, packed in white paper, on the front side of the D elementary school under the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each protocol of seizure;

1. Report of investigation (the process of arrest and seizure - Attachment);

1. A criminal investigation report (a preliminary report on the results of research on narcotics - attachment);

1. Investigation report (in relation to the specification of the quantity of sales of philophones);

1. Ratification - A reply to a request for appraisal, and an additional reply to a request for appraisal;

1. An investigation report (calculated additional charges);

1. Application of Acts and subordinate statutes to inquiries into criminal records, etc., investigation reports (verification of the expiration date of punishment and attachment of judgment);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of a sentence;

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

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

1. The defendant's same criminal records of the reasons for sentencing in the main sentence and proviso of Article 67 of the Act on the Management of Narcotics, etc. subject to forfeiture and Collection, not only up to 10 times, but also the defendant's release.

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