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(영문) 창원지방법원 진주지원 2018.03.27 2018고단46
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1 to 5 shall be confiscated.

10,000 won from the defendant

Reasons

Punishment of the crime

[criminal history] On May 29, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Narcotics Control Act at the Gwangju District Court, and on February 2, 2017, the same court was sentenced to eight months of imprisonment with prison labor for a violation of the Narcotics Control Act, etc., and on September 26, 2017, completed the execution of the sentence in the Mapo Prison on September 26, 2017, and had a total of 11 criminal records.

[Criminal facts] The Defendant is not a narcotics handler

1. Violation of the Act on the Control of Narcotics, Etc. - The Defendant, at around 22:00 on January 11, 2018, administered 0.03g of approximately 0.03 g of Melopon (hereinafter “philopon”) in the public toilets in the Jinju-si located in Jinju-si, Jina-si, by inserting approximately 0.03g of Melopon, which is a local mental medicine, into one-time popon and administering it into the blood transfusion.

2. Violation of the Narcotics Control Act (flavoring) - The Defendant possessed the possession in a F cafeteria located in Jinju-si E on January 12, 2018, in a manner that put about approximately 1.37g of the 1.37g of the philopon, which is divided into three parts of the flavoring-si and the flavoon fraud in the flavoring-si.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Each response to a request for appraisal;

1. A written appraisal of urient narcotics;

1. Existing assets referred to in subparagraphs 1 through 5 of this Article; and

1. A report on investigation (calculated additionally charge - 100,000 won);

1. Each investigation report (to be accompanied by a response to inquiries about the identity of the DNA, and a genetic appraisal report No. 5 of the DNA identification);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, the current status of personal expropriation, and the application of Part II statutes of the judgment;

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 Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. - Unfavorable circumstances: - the same repeated offense.

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