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(영문) 의정부지방법원 2015.01.13 2014고단4241
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

103,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

【Criminal Power” On March 7, 2013, the Defendant was sentenced to six months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Jeonju District Court on March 7, 2013, and completed the execution of a sentence summing up the term of imprisonment for a separate sentence in the Daegu Prison on March 18, 2014.

【Criminal Facts】 The Defendant is not a person handling narcotics.

1. On September 201, 2014, the Defendant smoked marijuana by inserting approximately 0.5g of marijuana in the pipe that was made in a pipe in which he was able to boomed from the Government-si, on the early 20:00s, and attaching a fire to it.

2. On September 2014, the Defendant administered philophones by inserting approximately 0.05g of psychotropic drugs in a single-use injection machine, dilution with water, and in his/her terminal he/she administered philoopopon at a curine room where it is difficult to know the trade name in the new forest dong in Seoul, Seocho-gu, Seoul at around the end of September 2014.

3. On October 2014, the Defendant smoked approximately 0.5g of marijuana in a park located in the fourth parallel of the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City, on the same way.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of a protocol of suspect examination of police officer C;

1. Police seizure records;

1. Two copies of a request for appraisal, a reply, and a reply;

1. Application of Acts and subordinate statutes on reporting the price of narcotics;

1. Relevant Article of the Act on the Control of Narcotics, etc., Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the same Article (in the case of the medication of a scoponon), Article 61 (1) 4 (a), and Article 3 subparagraph 10 (a) of the same Act on the Control of Narcotics, etc., and the selection of imprisonment with prison labor;

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

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

1. The grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. are the same criminal records (not more than a suspended sentence of three years) as the aggravated area (not more than 10 months to 2 years) of Type 2 (ma) of the Act on the Control of Narcotics, Etc., including marijuana, psychotropic administration, simple possession, etc.

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