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(영문) 수원지방법원 2019.01.08 2018고단6455
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

No. 3 of the evidence seized by the defendant shall be confiscated, and 379,000 won shall be confiscated.

Reasons

Punishment of the crime

[Criminal Power] On March 13, 2018, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc., and completed the execution of the sentence at the Suwon Detention Center on July 14, 2018.

【Criminal Facts】

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the psychotropic drugs-related Mesofts (one philophone, hereinafter “philophones”) as follows:

1. On August 9, 2018, the Defendant: (a) received from C with approximately 0.7 gopon, free of charge, and received from C in the K5 car on the number omitted operated by C, which was parked in front of the Defendant’s residence located in Suwon-si B, Suwon-si, Suwon-si, on August 9, 2018.

2. On October 30, 2018, around 14:00 on October 30, 2018, the Defendant administered phiphones by inserting approximately 0.05g of philophones into a single-use injection machine at the above Defendant’s residence and dilution them with bio-faced water, and administering phiphones by taking them into the bloodline.

3. On October 31, 2018, around 05:00 on October 31, 2018, the Defendant administered phiphones by inserting approximately 0.07g of phiphones into a single-use injection machine at the above Defendant’s residence and dilution them with bio-faced water, and administering phiphones in a way of injecting them into the bloodline.

Summary of Evidence

1. Defendant's legal statement;

1. 112 Reporting case management table;

1. Records of seizure and the list of seizure;

1. Investigation report (as to the analysis of Defendant A’s currency content), A, and C currency details;

1. A report on investigation (calculated additional charges);

1. Each appraisal request, report on narcotics, and statement on narcotics appraisal (intestine, (intestine, (intestine), (intestine), and inquiry report for appraisal;

1. Previous records of judgment: Criminal records, inquiry reports, criminal investigation reports, application of Acts and subordinate statutes;

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., concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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