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(영문) 창원지방법원 2020.02.07 2019고단3138
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

The evidence seized shall be confiscated from the accused.

Reasons

Punishment of the crime

[criminal record] The Defendant was sentenced to ten months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. in the Changwon District Court’s Jinju on October 17, 2018 and completed the execution of the sentence in the Changwon Prison on May 26, 2019.

【Criminal Facts】

Notwithstanding that the Defendant is not a narcotics handler, the Defendant:

1. On October 12, 2019, approximately 0.03 g of Mesofts (one philophone; hereinafter “philophones”) who are psychotropic drugs in the middle of the flick in the Defendant’s residence in the Jinju-si Building, Jin-si, Jin-si, Seoul, by a method of mixing them with a coffee;

2. On October 13, 2019, around 18:45, the Defendant parked in front of the above Defendant’s residence, carried approximately 0.22 g of philopon, which was placed in a transparent vinyl string, onto tobacco locks, and carried them in a way that they are placed in a contact string between the driver’s seat of the said vehicle and the steering seat of the said vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Report on investigation (calculated on additional collection charges), monthly trend of narcotics, and response to requests for appraisal;

1. Previous records of judgment: Criminal records, inquiry reports, judgments, and the application of Acts and subordinate statutes on the current status of confinement by individuals;

1. Article 60 (1) 2, Article 4 (1) 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 imprisonment, respectively;

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. Confiscation under Article 48 (1) 1 of the Criminal Act, the main sentence of Article 67 of the Narcotics Control Act;

1. Additional collection under Article 48 (1) 2 and (2) of the Criminal Act, proviso to Article 67 of the Narcotics Control Act (per-time medication);

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the order of provisional payment;

1. Scope of punishment by law: Imprisonment with prison labor for one month to fifteen years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Pronouncement)] (Article 1 of the Act on the Control of Narcotics). Medication, simple possession, etc. (Type 3) of narcotics;

Title - [Special Convicted Persons] -.

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