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(영문) 수원지방법원 성남지원 2018.09.12 2018고단1181
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

300,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal history] On August 20, 2015, the Defendant was sentenced to one year of imprisonment with labor for a violation of the Narcotics Control Act at the Dong District Court in Seoul, and the execution of the sentence was terminated in Daejeon Prison on May 18, 2016.

[Criminal facts] The Defendant is not a narcotics handler

1. On February 26, 2018, the Defendant: (a) placed approximately 0.05g of Mesophical drugs in the Gangnam-gu Seoul Metropolitan Government Burcho Lake; (b) put approximately 0.05g of Mesophical drugs into a disposable injection machine; (c) dilution with water; and (d) injected them into arms.

2. On April 2018, the Defendant, around 20:0 to 21:00, administered them in a manner of inserting approximately 0.05 grams into a single-use injection machine, dilution into a single-use injection machine at the residence of the Defendant in Gangnam-gu Seoul, Seoul, and the Defendant’s home located in subparagraph E, and injection into the arms.

3. On May 16, 2018, around 21:00 to 22:00, the Defendant injected approximately 0.05g philopon into a single-use injection machine at the Gangnam-gu Seoul Metropolitan Government Nurg G, and injected it into the arms.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Copy of the protocol concerning examination of suspect to the prosecution regarding I;

1. A statement on narcotics appraisal;

1. A previous conviction: A copy of the text of the judgment, inquiry about criminal history, investigation report (verification of repeated offense), and copy of the judgment [the defendant and his defense counsel asserted that there was no fact that phiphones have been administered as stated in the crime No. 1 of the judgment, and the witness I's statement also conforms to the defendant's assertion.

① However, H consistently and specifically stated the date and time stated in paragraph (1) of the crime in its holding, at the place and time, the Defendant and I’s phiphone medication. ② H stated in the prosecutor’s office and this court that “the Defendant and I had chips stored in the cell phone in the cell phone.” This is the Defendant’s statement that “I and I had chips stored in the cell phone” without direct witness.

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