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(영문) 광주지방법원 2019.10.30 2019고단1719
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 2 shall be confiscated.

20,000 won from the defendant.

Reasons

Punishment of the crime

On September 23, 2015, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended sentence for committing a violation of the Act on the Control of Narcotics, Etc. at the Jung-gu District Court on March 15, 2017, and was sentenced to 6 months of suspended sentence as a crime of violation of the Act on the Control of Narcotics, etc. at the Mancheon Branch of the Gwangju District Court on March 15, 2017 and completed the suspended sentence on October 29, 2017.

Notwithstanding the fact that the Defendant is not a narcotics handler, he handled the following psychotropic drugs-related Metephoids (hereinafter referred to as “Handphones”):

1. On March 20, 2019, the Defendant purchased a philopon in a way that 200,000 won was dried to D in front of the Li Government C Bank located B, and a philopon purchased a philopon in a way that he/she was dried up with approximately 0.35g philopon.

2. Medication of phiphones.

A. At around 22:00 on March 20, 2019, the Defendant put about approximately 0.17 gramphones at the home of the Defendant of 2nd floor E and the Defendant’s 2nd floor into a single-use injection machine, dilution with water, and administered phiphones by means of injecting them into the embrogate.

B. On March 22, 2019, at the end of 22:00 (a), the Defendant injected approximately 0.17 grams in a single-use injection machine, dilution with water at the same place as the end of 22:00 (c), and administered chophones by means of injecting them into the blood cells.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the police statement concerning D;

1. A copy of statement of reference D and suspect currency;

1. Protocol of seizure (Nos. 5 of evidence list);

1. Results of the maternity appraisal;

1. Previous convictions: Investigation report (verification of the date of release from prison), one copy of the personal confinement status, one copy of the judgment of repeated crime, and the application of Acts and subordinate statutes as a result of inquiry;

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. through which the relevant Article of the Act on the Punishment of Criminal Crimes and the Selection of Punishment of Specific Drugs, Etc. and Article 60 (1) 3 (b) (

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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