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(영문) 의정부지방법원 2016.02.16 2015고단3783
마약류관리에관한법률위반(향정)
Text

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

There is a paper of bank bags, which has contained the seized white-ray estimateed white-phones.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On October 6, 2015, the Defendant administered philophones by inserting approximately 0.05 g of Mesophaculs (hereinafter “philophones”) which are a disposable mental medicine at the bar of Jinyang-si, Jinyang-si, Jinyang-si, with the trade name in which it is impossible to identify the trade name in each Ri of Jin-Eup, Jinyang-si, and by inserting approximately 0.05 g of mephones (hereinafter “philophones”) which are a disposable mental medicine at the single-use injection machine, into the Defendant’s arms.

2. On October 7, 2015, the Defendant: (a) around 09:02, on the street in front of the Namyang-si, Namyang-si; (b) held a penphone by inserting a paper bag concealing 0.06g of philopon in the blopon; and (c) holding a one-time injection device containing 0.05g of philopon.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure by prosecution;

1. Taking photographs of seized articles and measuring and reporting on the weight of rooms;

1. Each written appraisal;

1. Application of Acts and subordinate statutes to investigate and report the market price;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

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 of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommended punishment] Medications, simple possession, etc., and there is no person [the person who is subject to special sentencing] in the basic area (one hundred months to two years) (one hundred months) of the Act on the Control of Narcotics, Etc. [the decision of sentencing] [the decision of sentencing] in light of the fact that the defendant committed a second offense even though he had a record of punishment for the same criminal offense, choice of imprisonment is inevitable.

However, the circumstances were taken into account, such as the fact that the last criminal record of the defendant was seven years prior to the crime of this case, confession and reflects the crime of this case, that part of the facts charged was pronounced not guilty, and that the facts charged guilty were only once administered and only once possessed.

In addition, the records of this case, such as the defendant's age, sexual conduct, details and motive leading to the crime of this case, and circumstances before and after the crime.

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