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(영문) 춘천지방법원 영월지원 2015.07.10 2015고단208
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for two years.

The evidence seized shall be confiscated from the accused.

Reasons

1. Defendant’s legal statement

1. F's statement among the interrogation protocol of the accused by the prosecution;

1. Each police suspect interrogation protocol regarding F;

1. Records of seizure, replys to requests for respective appraisal (fixtures, seized articles), investigation reports (flexial text messagess from cell phoness);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (the attachment of written judgments and report on confirmation of the expiration of term);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts, Article 30 (1) 4 (a), Article 3 (10) 4 (a), Article 61 (1) 4 (e), Article 61 (1) 4 (e), and Article 3 (10) (b) of the same Act concerning the possession of marijuana for smoking purposes), and each choice 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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc. and Article 48 (1) 1 of the Criminal Act;

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. ( trade 6g*800,000 won (Seoul Metropolitan retail) for 3 minutes in a philophone medication, 300,000 won in a smoking 15 times in a marijuana = 5,850,00 won in a 6g or 850,000 won);

1. The scope of the final recommended sentence based on the aggravated punishment of multiple offenses for sentencing under Article 334(1) of the Criminal Procedure Act: one year and six months to seven years [no possession for simple smoking] [a person under special jurisdiction] of the same criminal record [a person who has been subject to suspended sentence for a period of not more than three years] / [a decision of sentence] the Defendant has sold or provided to another person in possession of phiphones and marijuana because the Defendant was released from the same crime; although the health is not good, it is likely to handle narcotics again; the volume and frequency of the handled narcotics; the background and frequency of the sale of the narcotics; the Defendant’s age, character and character, intelligence and environment; the health condition; the motive and background of the instant crime; the means and consequence thereof; the circumstances after the crime; and family relationship.

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