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(영문) 의정부지방법원 고양지원 2016.05.19 2016고단501

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

30,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[2016 Highest 501] The Defendant was sentenced to six months of imprisonment for a violation of the Narcotics Control Act at the Daejeon District Court on November 6, 2014 and completed the execution of the sentence on December 4, 2014.

[2] Notwithstanding the fact that the Defendant is not a narcotics handler, around December 6, 2015, the Defendant purchased a disposable injection machine with approximately 0.4g of 0.4 g of Metecamins from D’s house at Asan-si, Asan-si, with cash of KRW 200,000,000 from D, and sold it to the Defendant.

[2016 Highest 752] The Defendant was sentenced to six months of imprisonment for a violation of the Narcotics Control Act at the Daejeon District Court on November 6, 2014 and completed the execution of the sentence on December 4, 2014.

[Criminal facts] The Defendant is not a narcotics handler

From March 1, 2016 to March 4, 2016, the Defendant administered the Mesophical dose of Mesopha (hereinafter “Mesophopon”) in an irregular manner between the Defendant and the Defendant.

Summary of Evidence

[2016 Highest 501]

1. Legal statement of the witness D;

1. Copy of the protocol concerning examination of suspect concerning D by the prosecution;

1. Copies of the statement made by each prosecutor to the prosecution with regard to D;

1. Currency details and decisions;

1. Investigative report (calculated and reported on an additional collection charge), price of narcotics traded;

1. Previous convictions in judgment: A written inquiry, the number of inquiries by each person, and the current status of acceptance (2016 order 752);

1. A written appraisal of each drug;

1. A report on investigation (Presumption of the timing of administered phiphonephones), a thesis relating to the appraisal period, a report on investigation (the real-time location tracking details), and a details of real-time location tracking;

1. Investigative report (calculated additionally charge), price of narcotics traded;

1. Previous convictions: References to inquiries, and application of Acts and subordinate statutes governing the suspect interrogation protocol to the prosecution;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 (Article 60 of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment, respectively, concerning facts constituting an offense;

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

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

1. Collection;