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(영문) 의정부지방법원 2014.02.18 2013고단4609

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

400,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On July 22, 2009, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Cheongbu District Court on July 22, 2009 and completed the execution of the sentence on June 15, 201, and is not a narcotics handler.

1. On February 7, 2012, the Defendant: (a) around 23:40 on February 7, 2012, the Defendant: (b) received KRW 300,000 in cash from C with C’s request to seek writingphones within the car of C parked near the mountain station located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu.

At around 24:00 on the same day, the Defendant: (a) provided D with the said money in the vicinity of a claim-based hospital located in Eunpyeong-gu Seoul; (b) received a single-use injection containing approximately 0.1g of opphones from the Defendant, and (c) arranged C to sell and purchase opphones by a method of reporting it around that time.

2. At around 18:00 on December 14, 2013, the Defendant injected a phiphone in a single-use injection machine with 0.03g of philophones purchased from previous E in a componic basin located in Mapo-gu Seoul Metropolitan Government, and dilution it, and then in a way of injecting it into the right bloodline.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of a protocol of suspect examination of the police against F;

1. A report on investigation (Notification of preliminary experiment for narcotics);

1. Details of each currency;

1. Written reply (Evidence No. 26, and replys to the result of the inspection of narcotics);

1. Report on investigation (report on the calculation of additional collection charges);

1. The application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

1. Relevant legal provisions and Articles 60(1)3, 4(1), and 2 subparag. 4(b) (Article 60(1)2, 4(1), and 2 subparag. 3(b) (Article 60(1) of the Narcotics Control Act (amended by Act No. 10786, Jun. 7, 201) of the Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201);

1. Since there was a previous conviction in the judgment of Article 35 of the Criminal Code for aggravated repeated crimes, it is caused by the arrangement of trade of philophones.