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(영문) 창원지방법원 2015.12.16 2015고단1843
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence subparagraph 3 shall be forfeited from the accused.

From the defendant, 100.

Reasons

Punishment of the crime

On September 30, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. in Busan District Court on September 30, 201, and on June 14, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Employment Security Act at Busan District Court on September 2, 2013, and completed the execution of the sentence in the original prison on September 2, 2013, and is not

1. On July 13, 2015, the Defendant administered approximately 0.03gg of psychotropic drugs at the Defendant’s house located in Yangsan City C302, in a way that the Defendant injected them into a single-use injection machine, in a single-use injection machine, and in a way that the Defendant injected them into the upper body.

2. On July 14, 2015, around 18:30, the Defendant: (a) placed approximately 2.76g of philopon in the Gyeongnam Provincial Police Agency criminal and drug investigation office located 289, at the upper south of the window of Changwon-si, Changwon-si; and (b) carried them in a plastic finite.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of seizure of each police;

1. Each photograph and each statement on narcotics appraisal;

1. Investigation report (calculated of the market price of the cambatop and additional collection charges);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports ( current status of personal confinement by individual and court rulings, etc.);

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) (Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. under the relevant Act on Criminal Facts; Selection of each 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 Narcotics Control Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The defendant's criminal liability is heavy in light of the fact that the reason for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order has several times the number of times the defendant was punished for the same kind of crime, the fact that the defendant committed the crime of this case during the repeated crime period, and the social harm caused by narcotics is not considerable.

However, the fact that the defendant is against the wrong, and the two years have passed since the release.

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