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(영문) 수원지방법원 2017.12.14 2017고단5764

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

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

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

On January 24, 2017, the Defendant was sentenced to a suspended sentence of two years on October, 2010 to a violation of the Act on the Control of Narcotics, Etc. at the Suwon method Board, and the judgment became final and conclusive on August 21, 2017.

From January 7, 2017 to January 16, 2017, the Defendant administered philophones in an irregular manner at the Gan-si or the Bongbuk-si (hereinafter referred to as the “Songbuk-si”).

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. A protocol of seizure and a list of seizure;

1. Investigation report (in response to a request for appraisal - response to a request for appraisal), and reply to a request for appraisal;

1. Investigation report (in response to a request for appraisal - capture), and reply to a request for appraisal;

1. A report on investigation (Attachment of a written opinion), written opinion, request for appraisal, report on investigation results, and public perusal;

1. Investigation report (a specific report, such as a place for medication of phiphonephones, and a detailed statement of telephone conversations attached); and

1. A report on investigation (calculated additional collection charges);

1. Previous convictions: References to inquiries, summary information of the case, and application of the text of the judgment, such as criminal history;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. On January 16, 2017, the facts charged of the instant case was found in the urine test conducted by the Defendant on January 16, 2017, and the philophone ingredients were detected, and the facts charged are not specifically identified.

Since such institution of public prosecution takes effect under the Criminal Procedure Act, the prosecution of this case must be dismissed.

B. In January 2017, the Defendant had a fact that he had frighten in an indoor golf practice hall, and there was symptoms, such as frightening with a sense of consciousness without memory at the time.

Although the defendant's defense is the defendant's defense.