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(영문) 수원지방법원 2019.02.15 2018고단6757

마약류관리에관한법률위반(향정)

Text

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

Each penphone (Evidence Nos. 1, 2, and 3), transparent bags (Evidence No. 4), seized.

Reasons

Punishment of the crime

[criminal power] On October 19, 2017, the Defendant was sentenced to one year for a violation of the Act on the Control of Narcotics, Etc. (competence) in the Goyang Branch of the Jung-gu District Court on March 19, 2017, and completed the execution of the sentence in a governmental prison on April 19, 2018.

【Criminal Facts】

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the psychotropic drugs-related Mesofts (one philophone, hereinafter “philophones”) as follows:

1. On November 5, 2018, the Defendant: (a) 12:05, 12:05, the Defendant: (b) the hotel hotel C at Heungi City, Madon Da, 0.05 g of opon; (c) continued to put the said opon into a single-use injection machine; and (d) injected the opon in a way of injecting it into the bloodline.

2. The Defendant: (a) administered philophones at the time and place described in paragraph (1); and (b) received philophones from D with approximately 0.22 g of philophones contained in plastic bags free of charge and received philophones.

3. The Defendant purchased approximately KRW 1.05 g of 1.05 g of philophones, which are divided into three parts from D, after receiving and selling philophones at the time and place described in paragraph 1, as described in paragraph 2, at the time and place described in paragraph 1, and purchased and sold philophones in total with 200,000 won.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police interrogation protocol against the accused;

1. Copy of the protocol of suspect examination;

1. Investigation report (as to the weight measurement by country and source appraiser);

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

1. Each protocol of seizure, each list of seizure, and each photograph of seized articles;

1. Each request for appraisal, report on narcotics and a statement on narcotics appraisal, response examination by an AC examiner, and a statement on narcotics appraisal (coponon, etc.);

1. Previous records: Criminal records, etc. inquiry reports, written judgments, and application of Acts and subordinate statutes on the current status of confinement by individuals;

1. Relevant Article of the Criminal Act and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Selection of Narcotics, Etc. and Selection of Imprisonment with prison labor for the crime;

1. Aggravation for repeated crimes;