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(영문) 대전지방법원 천안지원 2017.05.12 2017고단59 (1)

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for two years.

403,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On June 15, 2012, Defendant A was sentenced to imprisonment for a violation of the Act on the Control of Narcotics, Etc. in the Hongsung branch of the Daejeon District Court on June 15, 2012 and completed the execution of the sentence on December 6, 2013 by the Port Correctional Institution on December 6, 2013.

[Criminal facts] The Defendant is not a narcotics handler

A. On October 2016, the Defendant purchased and sold Handphones with KRW 0.5g of cash 200,000, after purchasing and selling them in the middle of 2016, at Alsan-si Cudio, Asan-si, and D with approximately KRW 0.5g of Handphones.

B. On October 2016, the Defendant administered a philophone medication in the middle of the year 2016, using approximately 0.07g of philophoneon to the coffee, in the Defendant’s residence within the 201st of the building Asan City E in the middle of October 2016, in the middle of the year 2016.

(c)

On December 24, 2016, the Defendant administered a philophone in a way that, on December 24, 2016, the Defendant entered approximately 0.07g of philophone into a single-use injection machine within the Defendant’s residence within the F. 201 of the ASEAN building F. 201, and melts it into the Defendant’s left arms.

(d)

On December 29, 2016, the Defendant smoking marijuana around December 29, 2016: (a) around December 29, 2016, in the Defendant’s residence within the F. 201 of the ASEAN building F. F. 201; and (b) around 0.2g of marijuana, the Defendant smoked in a way that the f.i.e., f., f., f.s.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Police seizure records and list of seizure;

1. Each response to a request for appraisal;

1. Investigation report (verification of the results of appraisal of maternity and calculation of additional collection charges);

1. Previous convictions: Inquiries about criminal history and application of Acts and subordinate statutes (the same type of judgment and report confirming the date of release);

1. Relevant Article of the Act on the Control of Narcotics, etc., and Articles 60 (1) 2, 4 (1) 1, 2 subparagraph 3 (b) (the point of purchase and administration of penphones) of the Act on the Management of Narcotics, etc., and Articles 61 (1) 4 (a) and 3 subparagraph 10 (a) (the point of charge of smoking marijuana) of the Act on the Control of Narcotics, etc., and the choice of imprisonment for each sentence;

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

(a)(b)

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.