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(영문) 수원지방법원 2014.11.26 2014고단3630

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

Of course, seized evidence 1 to 7, 10, 16-20 shall be confiscated.

20,000 won from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On April 20, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Jung-gu District Court on April 20, 2012, and completed the execution of the said sentence in a medical prison on October 5, 2013.

【Criminal Facts】

Even if the Defendant is not a person handling narcotics,

1. On March 1, 2014, at the D’s house located in Dongducheon-si C, Dong 302, Dong 302, receive disposable injection equipment free of charge containing approximately 0.03g of psychotropic drugs from D, with a single-use injection equipment containing approximately 0.03g of psychotropic drugs;

2. In the case of the Defendant’s small-scale car parked near the river located in the Dobcheon-si Action at the beginning of March 2014 at around 22:0,00, in a manner of dilution with water approximately 0.03g of philophonephones contained in the single-use injection machine and injection with arms;

3. On June 25, 2014, in a manner that, within the Defendant’s K7-car parking lot “F hotel E” located at Dongducheon-si, 05:00, the Defendant puts approximately 0.03g of philopon into a single-use injection machine, dilution with water, administers it in a way of injection into the arms;

4. On June 25, 2014, around 16:10, the Defendant’s vehicle parked in the “H cafeteria” front of the “H cafeteria” parking lot located in G at the Government-Si of the Gu, carrying it by keeping the bags containing approximately KRW 16.96g in the Defendant’s K7 car.

Summary of Evidence

1. Partial statement of the defendant;

1. A copy of each protocol of suspect examination of the police about D;

1. Seizure records;

1. Each written appraisal;

1. Previous convictions in judgment: Application of the results of inquiry, personal identification and current status of accommodation Acts and subordinate statutes;

1. Relevant legal provisions and Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) (the point of receipt, delivery, medication, and possession of phiphonephones) of the Act on the Control of Narcotics, Etc., and choice of imprisonment with prison labor for each crime;

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. Article 48 (1) 1 of the Criminal Act and the main sentence of Article 67 of the Act on the Control of Narcotics, etc.;

1. Article 48(1) of the Criminal Act: