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(영문) 창원지방법원 통영지원 2018.04.12 2018고단80
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

12 copies of disposable frauds (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

[criminal history] On March 9, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (competence) at the Changwon District Court’s branch branch on the grounds of the violation of the Act on the Control of Narcotics, etc., and the execution of the sentence was terminated on July 22, 2017.

[Criminal facts]

1. No person, other than a handler of narcotics, etc. who violates Acts on the Control of Narcotics, etc., shall administer any psychotropic drugs;

Nevertheless, even if the Defendant is not a narcotics handler, on January 19, 2018, at around 20:00, administered them in a manner of injecting the Mepta 0.05g g, a local mental medicine, into the water at the Defendant’s residence located in Saccasi C, and using a disposable injection device for injection into his left-hand arms.

2. No person, other than the handler of narcotics, etc. in violation of the Narcotics Control Act, shall smoke in marijuana;

Nevertheless, even if the Defendant is not a narcotics handler, at around 19:00 on January 18, 2018, smoked as smoking tobacco by putting in paper the quantity of the hemp, which is a narcotics, or by putting in the opening of empty tobacco.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Seizure records;

1. Each report on investigation;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (Attachment to the current status of confinement of each suspect

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 (Article 2), Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) (Article 61) of the Narcotics Control Act, Article 61 (1) 4 of the Act on the Management of Narcotics, Etc., and Article 3 subparagraph 10 (a) of the Act on the Selection of Narcotics, etc., and Selection of Imprisonment with prison labor;

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. Grounds for sentencing in the main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The scope of punishment by law: Imprisonment with prison labor for not more than 30 years;

2. Scope of punishment recommended according to the sentencing criteria of the Supreme Court;

(a) 1 offence;

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