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(영문) 창원지방법원 밀양지원 2019.05.02 2019고단36
마약류관리에관한법률위반(향정)
Text

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

Reasons

Punishment of the crime

On March 15, 2018, the Defendant was sentenced to 8 months of imprisonment for a violation of the Act on the Control of Narcotics, etc. in Changwon District Court’s Smuggling support on March 15, 2018, and completed the execution of the sentence on August 5, 2018.

Any person other than a person handling narcotics, etc. shall be prohibited from possessing, possessing, using, transporting, controlling, importing, exporting, manufacturing, preparing, administering, giving or receiving, trading, arranging the trade of, or providing narcotics or psychotropic drugs.

Despite the fact that the Defendant is not a person handling narcotics, the Defendant administered 0.03g of 16:30 to 17:00 on January 14, 2019, by dilution with 0.03g of Mesacopon (hereinafter “Mesopon”) in the following mountain, both of which were located in the Gyeongnam-gun, and instead, in the form of dilution with Mesopon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on internal investigation (as a documentary examiner, confirmation of the results thereof - training of phiphonephonephones), internal investigation report (as a result of a visual examination conducted by a documentary examiner), photographs of visual medicine examination process, investigation report (as a result of a visual examination conducted by a documentary examiner), and results of appraisal;

1. Records of seizure and the list of seizure;

1. Previous records: Criminal records, inquiry reports, investigation reports (verification of the same type of repeated crime), judgments, and application of Acts and subordinate statutes to the status of confinement of individuals;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Protection of Narcotics, Etc., and Selection of Imprisonment with labor concerning facts constituting an offense;

1. Reasons for sentencing Article 35 of the Criminal Act among repeated offenders;

1. Scope of punishment by law: One month to twenty years;

2. The scope of recommendations according to the sentencing criteria (decision of types): 01. Medication, simple possession, etc. (Type 3) of narcotics crimes;

Items c) and c.

Table [Special Aggravation] Aggravations: Aggravation of the same previous conviction (not less than a three-year suspension of execution) (the scope of the recommended sphere and the scope of the recommended punishment), one year to three years of imprisonment.

3. Determination of sentence: The defendant has been sentenced to punishment for the same kind of crime in October and has completed the final sentence for the same kind of crime, and the defendant has committed the instant crime within the repeated crime period for which several months have passed.

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