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(영문) 서울서부지방법원 2017.10.19 2017고단2436

마약류관리에관한법률위반(향정)

Text

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

540,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal history] On December 6, 2016, the Defendant was sentenced to eight months of imprisonment for a violation of the Narcotics Control Act in the Jinwon District Court’s Jinju branch, and completed the execution of the sentence on June 21, 2017.

[Criminal facts] The Defendant is not a narcotics handler

1. On August 19, 2017, the Defendant purchased approximately KRW 1g of 200,000 from D on August 19, 2017, at the Busan Ho-gu Parking Lot around 19:30 on August 19, 2017.

2. On August 19, 2017, the Defendant injected approximately 0.06g of philophonephones purchased from F in Gyeongnam E around 22:00 on August 19, 2017, using a disposable injection device, and administered the remainder 0.94g of philophones in a way of drinking them on the water.

3. On August 21, 2017, the Defendant received Handphones from D on August 21, 2017, at around 10:00, around August 21, 2017.

4. On August 21, 2017, on August 21, 2017, the Defendant administered approximately 0.03g (0.5g) in one’s own arms using a disposable injection device, and administered approximately 0.45g (0.45g) out of the rest of the phiphonephone in Yongsan-gu Seoul around 23:40 on August 21, 2017.

5. On August 21, 2017, the Defendant holding phiphones carried approximately 0.02 g phiphones in Yongsan-gu Seoul around August 21, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of I;

1. A copy of the records of the case, including the inspection of the Jinju Police Station related to the case;

1. A written appraisal of each drug;

1. Protocols of police seizure and list of seizure;

1. A investigation report (related to a surcharge imposed on a suspect A);

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal history, text of judgment and the current status of personal expropriation;

1. Article 60 (1) 2 of the Act on the Management of Narcotics, etc. for the Prevention of Criminal Facts and Articles 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. for the Selection of Crimes, and Articles 60 (1) 3 (b), respectively;