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수원지방법원 2016.06.23 2015고단6069
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

400,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Records] On November 12, 2015, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Narcotics Control Act at the Suwon Flag Flag, and the said judgment became final and conclusive on March 19, 2016.

[2] The Defendant, who is not a handler of narcotics, was prohibited from carrying, possessing, receiving, using, transporting, managing, importing, exporting, manufacturing, preparing, preparing, receiving, selling, buying, selling, or arranging the sale of, crypphones (hereinafter “cypphones”), which is a local mental medicine, even though the Defendant was not a handler of narcotics, but a person who is not a handler of narcotics, received and sold cypphones as follows.

1. Around September 22, 2014, the Defendant received philophones from E to the frontway located in Gangdong-gu Seoul Metropolitan Government, with the amount of 0.05g philophones free of charge.

2. On September 12, 2014, around 00:30 on September 12, 2014, the Defendant: (a) requested E to use phiphones from the D located in Gangdong-gu Seoul Metropolitan Government; (b) 300,000 won on the same day between 04:00 to 05:00 on the same day, the Defendant purchased phiphones from G located in Songpa-gu Seoul Metropolitan Government F to purchase 0.05 g of phiphones.

Summary of Evidence

1. Partial statement of witness E;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the prosecution against E;

1. Copy of each police suspect interrogation protocol regarding E;

1. A copy of telephone details, telephone details, and reply to communications data;

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

1. Previous convictions: Inquiries of case summary information, text of judgment (No. 15 height of judgment (No. 3714 of Suwon District Court Act), and application of statutes of the judgment (No. 15 of Suwon District Court Act, No. 6879);

1. Relevant legal provisions of the Act on the Management of Narcotics, etc. for the Fact-finding, and Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. for the Selection of Punishment, and Selection of Imprisonment with labor;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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 accused and the accused of the proviso of Article 67 of the Narcotics Control Act; and

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