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(영문) 수원지방법원 안산지원 2021.01.27 2019고단1842 (1)
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1~6 shall be confiscated.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Violation of the Act on the Control of Narcotics, Etc. - The Defendant, on April 30, 2019, administered 0.5g of philopon in a single-use injection machine and in a dilution with water inside the Defendant’s vehicle parked near Dongducheon-si B on April 30, 2019.

2. Violation of the Act on the Control of Narcotics, Etc. - The Defendant possession of phiphonephones, on April 30, 2019, carried 9.95 galphones in subparagraph D of “Woo-gun Audio-gun, Chungcheongnambuk-do” around 15:30 on April 30, 2019.

Summary of Evidence

1. A protocol concerning the examination of suspects of defendants who have partially made statements in court;

1. The application of Acts and subordinate statutes to search and seizure records (voluntary submission), list of seizure (net 23), evidentiary documents (net 24), photographs (net 69,71), photographs of seized objects, pictures related to the case (suspect A, a suspect E, the process of arresting suspects A, and the process of seizure), investigation reports (related to the arrest of suspects E, a suspect, and seizure), investigation reports (reports related to the volume of seized narcotics, etc.);

1. Relevant legal provisions of the Act on the Management of Narcotics, etc., and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc., and Selection of imprisonment with prison labor for a crime;

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. All circumstances, including the fact that he committed a crime during the period of probation for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc., and escaped without being present on the date of the trial after release as bail, that the quantity of narcotics in possession is not for the same kind of crime, and that there is no record of punishment for the same kind of crime;

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