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(영문) 수원지방법원 2012.12.14 2012고단4780
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

2,620,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On April 201 to May 5, 2011, the Defendant purchased Handphones from the Government of the Gyeonggi-si (hereinafter referred to as the “Conopon”) around the 17.80,000 won in the name of the purchase price for psychotropic drugs, and purchased approximately 2.1g of Handphones from the Defendant.

2. On November 9, 2011, the Defendant sold philophones, around 0:40 on November 9, 201, at the nearby E parking lot in Gyeonggi-do, the Defendant: (a) 300,000 won from F for the purchase and sale of philophones; and (b) delivered 0.14g of philophones to him.

3. On November 17, 201, the Defendant: (a) around 22:00 on November 17, 201, on a passenger car parked on the street near the G hotel at the Government of the Gyeonggi-si; (b) around 2:40,000 won as the price for the purchase and sale of opphones from H; and (c) delivered approximately 0.14g of opphones to H and sold it.

4. On December 5, 2011, the Defendant received philophones at around 00:30 on December 5, 201, the Defendant delivered and received 0.14 gramphones to H without compensation in the vicinity of the Gyeonggi-si, Macheon-si.

5. Around October 6, 2012, the Defendant administered philophones by inserting them on or around October 6, 2012, after inserting approximately 0.05g philophones into a single-use injection machine, dilution them into the arms.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each interrogation protocol of the prosecution against H and F (including each part of H and K statements);

1. The prosecutor's statement to K;

1. Notification of the results of appraisal of narcotics, etc. and application of Acts and subordinate statutes to report on the investigation (report on the calculation of an additional collection charge);

1. Articles 60(1)3, 4(1), and 2 subparag. 3(b) (Article 2 subparag. 4) of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 10786, Jun. 7, 201); Articles 60(1)2 and 4(1) of the Narcotics Control Act concerning criminal facts.

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