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(영문) 의정부지방법원 고양지원 2015.09.23 2015고단2001

마약류관리에관한법률위반(향정)

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Defendant shall be punished by imprisonment for a term of one year and two months.

The narcotics seized (clopon No. 1) shall be confiscated.

Reasons

Punishment of the crime

On September 5, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. (fence) in the Goyang Branch of the Do Government District Court on September 5, 2013 and completed the execution of the sentence on June 29, 2014

The defendant is not a person handling narcotics.

1. On July 2015, the Defendant purchased approximately KRW 0.32 g of 20,000 in cash from E at a D restaurant located in Scam, Pcam, Scam, and then purchased KRW 20,000,000 in cash.

2. At around August 5, 2015, the Defendant put in a face-to-face 0.05 ghon in front of the F coffee shop of this Part D, and administered the following in a way of drinking water.

3. The Defendant injected approximately 0.03g of philophones contained in a disposable injection machine at the same time and place as paragraph 2, and administered them by means of dilution with aquatic divers, and injection with the Defendant’s explosion.

4. On August 6, 2015, at around 09:45, the Defendant possessed the clothes of the Defendant’s dwelling room located behind the above D cafeteria by inserting approximately 0.24 g of a penphone into the pipe.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made to G and H;

1. Records of seizure, list, and statement of narcotics appraisal;

1. Investigation report (related to the discovery of seized articles and calculation of additional collection charges);

1. Search site photographs, suspect's photo;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and suspect interrogation records of defendants prepared by prosecutors;

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. through which the relevant Article of the Act and Articles 60 (1) 2, 4 (1) 1, and 2 (3) (b) of the Act on the Management of Narcotics

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

1. The proviso of Article 67 of the Act on the Control of Narcotics, Etc. (=200,000 won) (i.e., the number of penphones purchased and administered by the defendant is not accurate, from the date of the judgment.