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(영문) 창원지방법원 2020.02.19 2019고단655

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for four months.

10,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

On August 18, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court on August 18, 2016, and completed the execution of the sentence in the Ansan Prison on June 12, 2017, and on July 13, 2018, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. at the Ulsan District Court on July 13, 2018, and the judgment

Notwithstanding that the Defendant is not a narcotics handler, the Defendant:

A. On December 26, 2017, in collusion with South-North Korea B living together on December 18:20, 2017, the Franning passenger car parked on the street of the “Eonpo store” located in Busan Northern-gu C, with a cash of KRW 2.50,000 and purchase psychotropic drugs with approximately KRW 0.7 g of the Mampamins (one philopon; hereinafter referred to as “philopon”) located in a single-use injection vehicle, in collusion with G and H (guilty on September 13, 2018);

B. At around 20:00 on the same day, at the home of the Defendant and B, the psychotropic drugs were administered in such a way as to diversize approximately 0.07 g of phiphones purchased as above into water and injecting them into arms using a single-use injection device.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning G;

1. A criminal investigation report (Attachment of evidential materials related to Arophone medication), copy of the written opinion on amnesty, copy of the report on seizure, and copy of the written opinion on cryp medication;

1. The investigation report (calculated on a surcharge) and the price of phiphone cancer transactions;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes (Attachment, etc. of suspect A written judgments);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act concerning facts constituting an offense, and Article 60 (1) 3, Article 4 (1) 1, and Article 2 of the

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

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has a record of having been punished several times for the same crime in the past.