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(영문) 창원지방법원 2017.05.31 2017고단257
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence shall be confiscated as provided for in subparagraphs 1 through 5 and 11.

from the defendant.

Reasons

Punishment of the crime

On August 9, 2013, the Defendant was sentenced to four years of imprisonment with prison labor for a violation of the Narcotics Control Act at the Busan District Court on August 9, 2013, and completed the execution of the said sentence on May 31, 2016.

1. No one, other than persons handling narcotics, etc. in violation of Acts on the Control of Narcotics, etc., shall administer or possess any psychotropic mental drug;

Even if the Defendant is not a narcotics handler, the Defendant administered and neglected Metropha (one philopon; hereinafter “philopon”) which is a psychotropic medicine as follows.

A. On January 17, 2017, the Defendant, around 04:00, injected the trade influencing 302 of the Heungdong-gu Hodong-dong, and injected approximately 0.03g of philophonephones on the Defendant’s upper part.

B. On January 18, 2017, around 17:30, the Defendant: (a) carried the Defendant’s Efranion vehicle parked on the front road of the “D” located in Busan Jin-gu C; and (b) carried the Defendant’s Efran vehicle in four vinyl 514.46g gylphone 514.46g, in which the goods are stored.

2. A person in violation of the Narcotics Control Act (marijuth) carries marijuana for the purpose of smoking, but the defendant carries it in a passenger car above the franchisat and about 1.55 g of marijuana at the same time as the above 1-B, and the defendant carries it in the storage of the goods at that place.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on narcotics appraisal;

1. A total list of seized articles, a protocol of search and seizure of persons on January 19, 2017, and a list of seized articles;

1. Photographs;

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

1. Previous convictions in judgment: References to inquiries, reports on the unused previous convictions and results thereof, and application of Acts and subordinate statutes on personal expropriations;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 61 (1) 4 (b) and Article 3 subparagraph 10 (b) of the Act on the Control of Narcotics, Etc., Article 61 (1) 4 and Article 3 (10) 10 (b) of the Narcotics, etc. Act on the Management of Narcotics, etc., for criminal facts;

possession), each choice of imprisonment

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The aggravated Criminal Act for concurrent crimes.

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