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(영문) 대전지방법원 천안지원 2017.03.17 2017고단65 (1)
마약류관리에관한법률위반(향정)등
Text

The punishment of the accused shall be determined by a year of imprisonment.

Seized Nos. 5, 7, 10-13 shall be confiscated.

Reasons

Punishment of the crime

On June 4, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul High Court on June 4, 2015, and six months of imprisonment with prison labor at the Seoul Southern District Court on May 13, 2016, and completed the execution of the sentence at the Ansan Prison on August 8, 2016.

1. The Defendant is not a narcotics handler.

A. On October 28, 2016, the Defendant received and accepted approximately 0.7 g of philopon from E in the E’s residence located near the D church located in the G church in the G church in the 2016 Gyeonggi-si.

B. On November 2016, the Defendant purchased Handphones and purchased approximately 1.4g 70,000 Handphones from E and purchased them from G doorbook in the middle of November 2016, at around 23:00, G doorphones located in Gyeyang-gu Incheon Gyeyang-gu, Incheon, while selling and buying them.

(c)

On December 2, 2016, the Defendant purchased and sold philophones with approximately KRW 3.5g 80,000 from E, in the residence of E located in Gyeonggi-gu, Gyeonggi-do, Gyeonggi-do, with approximately KRW 24:00,00 on December 2, 2016.

(d)

On December 20, 2016, the Defendant, at around 17:20 on December 20, 2016, injected phiphones into J hotel 502 located in Yeongdeungpo-gu Seoul Metropolitan Government I on December 20, 2016, and recorded approximately 0.07g of phiphones into a single-time injection machine, and injected them into the Defendant’s arms.

2. The Defendant is not a handler of narcotics, in violation of the Narcotics Control Act.

No person other than a narcotics handler shall cultivate, possess, possess, receive, transport, keep or use marijuana.

Nevertheless, around 18:00 on December 20, 2016, the Defendant possessed approximately 0.2g marijuana from J hotel in Yeongdeungpo-gu Seoul Metropolitan Government I to J hotel 502.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect by the prosecution of K and E;

1. A response to each request for appraisal and a statement on narcotics appraisal;

1. Records, lists and photographs of seizure;

1. Investigative Report (Confirmation of Date of Final Release), Judgment and Expropriation Information;

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