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(영문) 수원지방법원 2018.11.20 2018고단4356

마약류관리에관한법률위반(향정)

Text

A person shall be punished by imprisonment with prison labor for the crimes of paragraph (1) of the judgment of the defendant, for two months, and for the crimes of paragraph (2) of the judgment of the defendant, for ten months.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On October 26, 2017, the Defendant was sentenced to a suspended sentence of one-year imprisonment with labor for a crime of violation of the Narcotics Control Act at the Incheon District Court on the grounds of a violation of the Act on the Control of Narcotics, etc., and the judgment became final and conclusive on February 22, 2018 and is currently under suspended sentence.

【Criminal facts】 The Defendant is not a narcotics handler as a member of the violent organization B strike in Incheon.

1. At around 04:00 on January 19, 2018, the Defendant received one disposable injection device containing approximately 0.5g of Mepters (one philopon; hereinafter “philopon”) from E, the cause of the Bmpon vessel distribution organization, and received it.

2. Medication of phiphones.

A. On July 2018, the Defendant, on July 2018, 2018, administered 0.2g of philopon in the f building parking lot located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, for the purpose of dilution with clopon 0.2g of philopon.

B. Around July 16, 2018, the Defendant: (a) administered a drug of 0.2 gramopon in a luculous passenger car stopped on the front road of the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, in a manner of dilution with clopon into clopon, around July 16, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement protocol by the police for E;

1. A copy of the call content sent by Defendant A;

1. A witness E mobile phone information photograph;

1. A letter of appraisal of narcotics, reply to requests for appraisal, and a letter of appraisal of each drug by the National Scientific Investigation Agency of the Incheon Protection Observation;

1. Previous convictions: Defendant A, a written reply to inquiry, such as criminal history, etc. (Attachment of the text of the judgment), a criminal investigation report ( Incheon District Court Decision 2017 Height 6614), and the text of the judgment (Seoul District Court Decision 2017 Height 6614) [In relation to the crime of giving and receiving under paragraph (1) of the judgment, Defendant and defense counsel asserted to the effect that this part is not guilty because

However, even if according to the defendant's statement, E and the defendant have two rooms in the telecom, and there is a penphone from E in their own room.