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(영문) 전주지방법원 2017.02.17 2016고단2483
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

20,000 won shall be additionally collected from the defendant.

A surcharge shall be imposed on a defendant.

Reasons

Punishment of the crime

[criminal record] On September 28, 2012, the Defendant was sentenced to five years of imprisonment by the Busan District Court due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief), embezzlement, and a violation of the Narcotics Control Act (overright). On April 20, 2015, the Defendant received a decision to initiate a retrial from the same court on April 20, 2015. On June 18, 2015, the same court was sentenced to imprisonment for a crime of habitual special larceny, embezzlement, and violation of the Narcotics Control Act (overright) and completed the execution of the sentence on April 13, 2016.

[Criminal facts]

1. Purchasing crimes;

A. On December 5, 2016, at around 20:35, the Defendant sent KRW 0.06g of 150,000,000 to the Mestop phone (one philopon; hereinafter “philopon”) contained in D in a single-use injection device at a gas station near Busan-dong, Busan-gu, Busan, the Defendant sent KRW 0.06g.

B. On December 12, 2016, at around 04:11, the Defendant: (a) provided D with KRW 0.06g of opon 0.06g from F adjacent G located in Busan metropolitan Daegu E, and purchased KRW 50,000.

2. On December 5, 2016, the Defendant: (a) administered medication in a way that dropon 0.06g of the penphone purchased from D, as described in paragraph 1(a), by dilution it into the left side, at the margin of the trade name in the Northern-dong, Busan-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (related to the results of the suspect's examination of reaction to reagents, the results of verbal notification as a result of the urictal assessment by the Institute of Gwangju Scientific Investigation, the results of analysis of telephone conversationss);

1. Response to a request for appraisal;

1. A report on investigation (related to the calculation of a surcharge);

1. Previous convictions: References to inquiries, such as criminal history, investigation reports (verification of the date of release from office), written judgments, and application of Acts and subordinate statutes on personal confinement;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. and Selection of Punishment for Crimes (the purchase of phiphones and the provision of medication, and the selection of punishment by imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for calculation of additional collection charges: proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to the collection of additional collection charges: 1. Medication once; and

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