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(영문) 춘천지방법원 영월지원 2015.05.29 2015고단117
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

To confiscate evidence 1 to 6, 10, 13, which has been seized by the defendant.

Reasons

. Notwithstanding that the Defendant is not a person handling narcotics, the Defendant possessed on March 6, 2015, in the Defendant’s residence located in Pyeongtaek-si E, 310 Dong 305, the ethyl ethyl content of psychotropic drugs 13 and 0.5g of marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol concerning F and G;

1. A report on seizure, the results of appraisal (Materns, urines, and seized articles), the investigation report (the response to the training of inspectors who are suspects, and the report on the calculation of the amount of collection);

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (report accompanied by data concerning the current status of detention);

1. Articles 60 (1) 2, 4 (1) 1, 2 subparagraph 3 (b) (Article 60), 61 (1) 5, 4 (1) 1, 2 subparagraph 3 (d) (Article 61), 61 (1) 1, 2 subparagraph 3 (d) (Article 61), 61 (1) 6, and 4 (1) 2 (Article 61 (1) 2 of the Act on the Control of Narcotics, etc. under the relevant Act on Criminal Facts; hereinafter referred to as “the punishment of imprisonment”);

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 Act on the Management of Confiscated Narcotics, Etc. and Article 48 (1) 1 of the Criminal Act;

1. The scope of final sentence according to the aggravation of multiple offenses on the grounds of sentencing as set forth in the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [3.25g (5g-1.75g)* 1,000,000 won/g =3,250,000] of the retail in Busan District: The punishment shall be determined as ordered by taking full account of the following factors: (a) year to 1 year and 3 years (special mitigation (special mitigation) / within 1 year and 3 years (within 3 years) of the same criminal record (decision of sentence) / part of the penphones were provided to others during the period of repeated crime; (b) cooperation in the investigation was made at the time of the crime; (c) the amount and frequency of the handled narcotics; (d) the amount of the narcotics handled; (e) the background and background of the provision to others; (e) the motive, means and consequence of the crime of this case; and (e) the circumstances after the crime, family relation, etc.

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