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(영문) 수원지방법원 안양지원 2015.12.10 2015고단1612
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 5, 2014, the Defendant was sentenced to one year and four months for the violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on February 5, 201, and completed the execution of the sentence on January 23, 2015.

The defendant is not a person handling narcotics.

1. On March 2015, 2015, the Defendant received two disposable injection equipment from C free of charge, containing approximately 0.05 g of a single clopon (one clopon; hereinafter “philopon”) in front of the Defendant’s house located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon.

2. On April 2015, the Defendant provided a single-use guard with approximately 0.05 g of philophones received from the Defendant’s home as above from D, without compensation.

3. On May 2015, the Defendant provided D with a single-use guard with approximately 0.05 g of phiphones received from D in the foregoing vehicle parked near the Defendant’s house without compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A copy of each protocol of suspect examination of the police about D;

1. Investigation report (including reports on attachment of details of phone calls attached to A-related suspect and witness D mobile phone calls);

1. Details of suspect-D calls, D-suspect calls;

1. Previous convictions indicated in judgment: Criminal records, previous records of disposition and report on results of confirmation (A), and application of Acts and subordinate statutes as a result of prisoners search;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 (Article 2 of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with Labor) concerning facts constituting an offense;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The defendant, on October 15, 2015, is punished by imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. on the Grounds of Sentencing (the basis for calculation of the amount of additional collection: the market price of 200,000 won for the two-time medications, which was given and received in the judgment of the court).

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