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(영문) 창원지방법원 2014.03.11 2013고단3744
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment for a period of one year and four months;

2. Seized evidence referred to in subparagraphs 2 through 4 shall be confiscated;

3...

Reasons

Punishment of the crime

On July 20, 2011, the Defendant was sentenced to four months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. (fence) in the Seogu District Court’s Seo branch branch branch office, and completed the execution of the above sentence on August 19, 201.

Defendant is not a narcotics handler.

1. On November 24, 2013, the Defendant sold approximately 0.03g of psychotropic drugs in cash to E, which are psychotropic drugs packed in white paper within the Da white options car parking lot located in the Damna-Gun, 19:30,000, around November 24, 2013.

2. On November 27, 2013, around 07:00, the Defendant injected approximately 0.03g of philopon into a single-use injection machine within 205 of the F building of Daegu-gu, and melted by means of injecting 0.03g of philopon on one’s right side.

3. On the same day as Paragraph 2, at 15:00, the Defendant possessed approximately 1.43 g (including injection weight, 11.94g) of the total philopon, which was divided into four single-use gate in front of the H Licensed Real Estate Agent Office in Daegu-gun G, for the purpose of selling approximately 15:0 g (hereinafter “H Licensed Real Estate Agent Office”).

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure and the list of seizure;

1. Responses to requests for appraisal, and additional responses to requests for appraisal;

1. An investigation report (abrupt A accompanied by a certified copy);

1. Previous records: Application of criminal records, inquiry reports, investigation reports (verification of the current status of individual criminal records, personal identification records, and period of repeated crime), written judgments, and applicable Acts and subordinate statutes to the status of personal identification and confinement;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 and Article 2 of the Act on the Management of Narcotics, Etc. (the trade of philopon, medication and possession of philopon), the choice of imprisonment for a crime, respectively;

2. Article 35 of the Criminal Act among repeated crimes;

3. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act; and

4. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

5. The defendant for reasons for sentencing in the proviso to Article 67 of the Act on the Management of Narcotics, Etc. has been punished several times for narcotics crimes.

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