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(영문) 춘천지방법원 영월지원 2016.01.29 2015고단516

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

2.4 million won shall be additionally collected from the defendant.

equivalent to the above additional collection.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On June 2015, the Defendant purchased and sold 40,000 won in front of the factory 11:30 in June 2, 2015, a Co., Ltd. D E E, Inc., Ltd., located in Gyeongbuk-gun, Inc., Ltd., in the middle of KRW 11:30,00, and paid KRW 400,000 to F, and purchased and sold a plastic bag containing approximately 0.5g of a philophone from F, and a philophone using a philophone. In addition, the Defendant purchased and sold a philophone at least six times, such as a part of the 1st page of the annexed crimes.

2. On June 2015, the Defendant administered 0.3 galphones over six occasions, such as the part of the table 2 of the crime committed in the attached Table 2, at the Defendant’s home toilet located in the G of the Gyeongbuk-gun, by dilution of approximately 0.05g of philophones into water and injection of philophones into his arms using a disposable injection device.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution (including theF statement);

1. The records of seizure and each investigation report (the result of appraisal - the prosecution, hair, and training) are applied by the statute;

1. Subparagraph 3 (b) of Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 of Article 2 of the Act on the Control of Narcotics, etc. under Article 60 (1) 2, Article 4 (1) 3, and subparagraph 3 (b) of Article 2 concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The proviso to Article 67 of the Act on the Management of Narcotics, Etc. for Additional Collection (the total purchase price of 3.2 million won - 800,000 won (the part brought to H 1/2);

1. The scope of final sentence due to the aggravation of the grounds for sentencing by multiple offenses under Article 334(1) of the Criminal Procedure Act: The sentence shall be imposed in light of the following: (a) year to June (special mitigation) of one year; (b) purchase for the purpose of medication partially simple; and (c) general cooperation in investigation [decision of sentence] the Defendant has the past record of being sentenced two times as a crime of the same kind; and (d) the Defendant purchased narcotics and provided them to others; and (b) inform the upper party of such fact, contrary to the mistake.