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(영문) 대전지방법원 2016.06.15 2016고단1219
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On November 1, 2012, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the District Court for the Defendant’s trial on November 1, 201, and completed the execution of the sentence on July 26, 2013.

1. The Defendant, together with wife C, decided to purchase a penphone, which is a local mental medicine.

On March 4, 2016, the Defendant, along with C, remitted KRW 200,00 to D in the name of philopon price from the Saemaul credit cooperative located in the Kimhae-dong, Kim Jong-si, and purchased approximately 0.32 g of philopon under the supervision of the toilets in the front of the toilets located in the F subway Station located in the Busan Northern-si, Busan, on April 16, 2016.

Accordingly, the defendant purchased philophones in collusion with C.

2. Medication of phiphones.

A. On April 16, 2016, the Defendant administered philophones by inserting approximately 0.08gopon into a coffee, which is located in H 702 G at Kimhae-si.

B. On April 17, 2016, the Defendant administered philophones by inserting approximately 0.08 gramphones into coffees, around April 17, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of protocol concerning the examination of suspect C by the police; and

1. Ratification (to reply to a request for appraisal - Gathering);

1. A detailed statement of deposits without passbook;

1. Previous convictions: Inquiries about criminal history, reporting of investigation (related to attachment of criminal records and a copy of the judgment of the suspect A), and reporting of investigation (related to confirmation of identical crimes within the period of repeated crime A) shall apply;

1. Article 60 (1) 2, Article 4 (1) and Article 2 subparagraph 3 (b) of the Act on the Selection and Control of Narcotics, Etc. concerning the crime, Article 30 (1) 2, Article 60 (1) 3 of the same Act, Article 60 (1) 2, Article 4 (1) and Article 2 subparagraph 3 (b) of the same Act (the point of the purchase of phiphones, the choice of imprisonment) of the Criminal Act, Article 60 (1) 2, and Article 4 (1) and Article 2 subparagraph 3 (b) of the same Act on the Control of Narcotics, etc.;

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. Management of narcotics, etc. additionally collected;

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