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(영문) 창원지방법원 진주지원 2018.05.15 2017고단810
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for three years.

Seized evidence 1 to 4 shall be confiscated.

20,000 won from the defendant.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to imprisonment with labor for a crime of violation of the Narcotics Control Act in the Jinwon District Court on April 20, 2016, and was sentenced to one year and six months on August 8, 2017 at the Port Correctional Institution on August 8, 2017 and had a total of three times of criminal records.

[2] The Defendant is not a handler of narcotics, etc.

On September 21, 2017, the Defendant, on September 21, 2017, carried approximately 22.53 g of Melopon, which is a local mental medicine, in the EM5 passenger car parked on the front road of the D Hospital located in Jinju-si, Jin-si, D, and carried approximately 22.53 g of Melopon, which is a primary mental medicine, into 8 for one-time injection and 3 plastic bags.

The defendant of "2018 Highest 192" is not a person handling narcotics.

On September 17, 2017, the Defendant: (a) received approximately KRW 0.5g of 200,000 from H, and sold 20,000,000 to ES5 passenger cars parked at G rest areas located in SM5, G rest areas located in SM.F. on September 17, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Previous convictions: References to inquiries, such as criminal history, and each investigation report (in response to requests by the Ministry of Justice for search results of prisoners and attachment of the same military record): "2017 Highest 810 persons;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A report on investigation (a photograph of an emergency seizure process shall be attached);

1. Investigation report (the results of measurement by philophones) and appraisal;

1. The present presence of each of subparagraphs 1 through 4 of this Article; and

1. A response to a request for appraisal, a narcotics appraisal report "2018 Highest 192";

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of suspect of the police to I or J;

1. Investigation report (the name of a male for examination of shots shown in the suspect and J testimony);

1. The details of currency I and A;

1. Application of Acts and subordinate statutes to a report on investigation (calculated a surcharge - 200,00 won);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Act on criminal facts, and selection of a sentence to imprisonment;

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

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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