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(영문) 춘천지방법원 영월지원 2016.03.15 2016고단21
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

Seized evidence 1 (Woophone 18.61g) shall be confiscated.

From the defendant, 300.

Reasons

Punishment of the crime

The Defendant was sentenced to one year and two months of imprisonment with prison labor for a violation of the Narcotics Control Act in the Busan District Court on January 16, 2015, and completed the execution of the sentence in the net prison on October 26, 2015, and was three criminal offenders of the same kind.

Criminal facts

Defendant is not a narcotics handler.

1. On Nov. 1, 2015, the Defendant, holding a flappop (one philopopon; hereinafter referred to as “philopon”), acquired the amount equivalent to 18.85 g of philopon from D park located in Busan Flapon C, Busan B, by an influence method.

2. Medication of phiphones.

A. On November 2015, the Defendant administered philophones in a way that 0.08g of philophones acquired as described in paragraph (1) at the Defendant’s residence located in Busan Blue District E 102 Dong 1007, Busan, for the purpose of dilution into water and injection into arms using a disposable injection device.

B. On December 2, 2015, the Defendant administered 0.08g of philophones in the same manner at the place indicated in paragraph 2-A around early 21:00, at around 2015.

(c)

On January 18, 2016, the Defendant administered approximately 0.08g of philophones in the same manner at the place described in paragraph 2-A around 21:00.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Police seizure records;

1. A criminal investigation report (verification of the training of private individuals in cur language) and a criminal investigation report (calculated additionally);

1. A written response to each request for appraisal;

1. Previous records: Application of Acts and subordinate statutes to inquiries into criminal records and investigation reports (referring to criminal records of the same kind, written judgments and binding of written records of custody of the suspect);

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., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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

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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. The scope of punishment by law:

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