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(영문) 부산지방법원 서부지원 2019.07.04 2019고단936
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

50,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[Criminal Power] On November 29, 2017, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court on November 29, 2017, and completed the execution of the said sentence at the 1st prison of the Gyeongbukbuk District Court on December 28, 2018.

【Criminal Facts】

1. Crimes committed on February 15, 2019;

A. On February 15, 2019, around 21:00, the Defendant collected KRW 500,000 for the purchase price of C, D, and C, which was known to Pyeongtaek, in front of the Daegu Dong-gu B basin, and KRW 300,000,000,000, from the Defendant: (a) paid KRW 500,000,000,000,000 in cash to the person who was waiting in the neighborhood; and (b) received approximately 1.4g of the phone.

B. At around 22:35 on the same day, the Defendant injected approximately 0.07gg of philophones purchased as above in Daegu East-gu Gel H, Daegu-gu, and injected them into the Defendant’s arms by dilution with water.

Accordingly, even if the defendant is not a person handling narcotics, he traded psychotropic drugs, and administered them.

2. Around April 20, 2019, the Defendant, around April 20, 2019, injected approximately 0.07 gopon from the Imopon into the Imopon in a single-use injection machine at the Imopon Kimhae-si on April 20, 2019, and dilution with water.

Accordingly, even if the defendant is not a person handling narcotics, he administered psychotropic drugs.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of examination of suspect C by the prosecution;

1. Reports on the results of the urinal test and the results of the preliminary test for narcotics;

1. Requests for appraisal;

1. Each investigation report (attaching the indictment attached to a public offense C and the calculation of an additional collection charge);

1. Previous records: Criminal records, inquiry reports, investigation reports (the confirmation of the date of release and related judgments attached to such judgments) and the application of statutes;

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

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

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

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