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(영문) 서울중앙지방법원 2016.11.10 2016고단6359
마약류관리에관한법률위반(향정)
Text

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

Seized evidence 2 shall be confiscated.

10,000 won from the defendant.

Reasons

Punishment of the crime

[Attachment] On August 28, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul Western District Court on one year and ten months, and completed the execution of the said sentence on April 14, 2016.

【Criminal Facts】

Even if the Defendant is not a narcotics handler, he handled psychotropic drugs-related psychotropic drugs-related Mesofts (hereinafter “copon”).

1. At around September 14:35, 2016, the Defendant: (a) stored approximately 3.9g of philopon in the guest room located in Jongno-gu Seoul Metropolitan Government Jongno-gu Seoul in a vinyl bag.

Accordingly, the defendant possessed a philophone.

2. The Defendant, who administered a scopon, dices the scopon in the guest room at the front patrolman on September 2016.

Accordingly, the Defendant administered philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Records of seizure and the list of seizure;

1. Each request for appraisal (the color-fixing and the end, the urine, the dystroke, the dystroke, the dystroke);

1. A report on investigation (calculated additional charges);

1. Criminal records: Application of Acts and subordinate statutes on criminal records, reply reports and personal confinement status;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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. Confiscation under Article 48 (1) 1 of the Criminal Act, the main sentence of Article 67 of the Narcotics Control Act;

1. Class 1 crime for the reason of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the scope of recommendations), medication, simple possession, etc. (one-year and three years) in the aggravated area (one-year suspension of execution within three years), [the scope of recommendations] the aggravated area (one-year and three years) of category 3 (the scope of recommendations), the aggravated area (one-year and three years), the aggravated area (one-year and three (b) and (c)) of category 3 (the scope of recommendations), medication, simple possession, etc.).

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