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(영문) 춘천지방법원 원주지원 2019.05.16 2019고단43

마약류관리에관한법률위반(향정)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 22, 2016, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Jeonju District Court on December 22, 2016, and the said judgment became final and conclusive on December 26, 2016.

1. On February 2016, the Defendant: (a) discovered a single-use bag containing 0.03g of psychotropic drugs, which was intended to purchase from a person with no name, who was posted on a table, in front of the store near Suwon-gu B in Busan, Suwon-gu; (b) purchased a penphone by means of cutting the above one-time injection machine within the above envelope and inserting 100,000 won in cash.

2. On February 23, 2016, the Defendant administered mephones in a single-use injection containing 0.03 gopon, which was purchased at the hotel C head office of Suwon-gu Busan Metropolitan City, as described in paragraph (1), after dilution, and administering mephones on the left-hand part of the inner beer.

Summary of Evidence

1. Defendant's legal statement;

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

1. Investigation report (Nos. 9, 10, 13, 15, and 23 of the evidence list);

1. Previouss before and after judgments: Application of criminal records, references to criminal records, investigation reports (former records and attachment of court rulings, ten copies of court rulings);

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 selection of a fine for negligence;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The main sentence of Article 67 of the Narcotics Control Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The defendant has been punished several times for the same crime.

The favorable circumstances: The defendant recognizes the crime of this case.