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(영문) 창원지방법원 2016.03.24 2016고합27
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

10,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[criminal records] On February 15, 2013, the Defendant was sentenced to three months of imprisonment and three months of imprisonment for a violation of the Game Industry Promotion Act at the Changwon District Court on February 15, 2013, and completed the execution of the sentence on August 15, 2013.

[Criminal facts] The Defendant is not a narcotics handler

1. On October 2, 2015, at around 14:00, the Defendant parked in the 310 parking lot of Kimhae-si, Kimhae-si, Kim Jong-si, the Defendant administered DBa car, in a way that the Meet Meet Meet (hereinafter referred to as “diphone”), approximately 0.03g of the Meet Meet Meet (hereinafter referred to as “Mepphone”), which is a local mental medicine, was put into a one-time injection machine, and dives into the left hand.

2. On October 5, 2015, around 13:50, the Defendant: (a) parked in the above C Apartment 310 parking lot; (b) placed approximately 0.19g of philophonephones, and approximately 0.44g of AB-CHINACA, which is a local mental medicine, in a bank, etc., and carried them.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Each protocol of seizure;

1. Each written appraisal;

1. Each photograph (the list Nos. 6);

1. Previous convictions: Application of inquiry letter, investigation report (Attachment to a suspect A written judgment, etc.) and other Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. for the Prevention of Criminal Facts and the Selection of Punishment, and Article 60 (1) 3 (a) of the Act on the Management of Narcotics, Etc. for the Prevention of Illegal Crimes (the provision of philophone medication and possession of phiphonephone medication, each choice of imprisonment), Article 59 (1) 5, Article 3 subparagraph 5, and Article 2 subparagraph 3 (a) (the possession of synthetic marijuana) of the Act on the Control of Narcotics, etc.;

1. Aggravation of repeated crimes under Article 35 of the Criminal Act (within the limit of the proviso of Article 42 of the Criminal Act for a crime of violation of the Act on the Control of Narcotics, etc. by Possession of Synthetic Cannabis);

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment within the limit of the proviso of Article 42 of the Criminal Act on the Control of Narcotics, etc. Due to Possession of Synthetic Cannabis, the largest punishment is imposed);

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (the calculation of the amount of additional collection: 100,000 won for a dose once per criminal facts); and

1. The order of provisional payment;

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