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(영문) 수원지방법원 2020.09.23 2019고단4039 (1)
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished for six months.

50,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to imprisonment on July 26, 2012 by the Seoul Eastern District Court for the violation of the Act on the Control of Narcotics, etc., and was sentenced to imprisonment with prison labor for one year and six months, and the same criminal records were ten times, and on February 19, 2019, the Defendant was sentenced to imprisonment with prison labor for one year and three months for the violation of the Act on the Control of Narcotics, etc. in the Suwon District Court, and the judgment was finalized on October 17, 2019.

【Criminal Facts】

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the psychotropic drugs, such as the following:

1. On June 2017, the Defendant purchased Handphones with cash of KRW 500,00,00 from the Bupyeong-gu Incheon Bupyeong-gu Boo, Incheon, and with cash of KRW 500,00,000 to the rophones.

2. At least 22:00 on the same day as Paragraph 1, the Defendant decided to administer philophones purchased together with D, and around 22:0 on the same day as Paragraph 1, D had the Defendant put the volume of philophones into a single-use injection machine, dilution the volume of philophones into one’s arms, and had the Defendant in injection into one’s arms in the same manner. The Defendant continued to injection the volume of philophones into one’s arms.

Accordingly, the defendant and D conspired to administer philophones.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Protocol concerning the examination of suspects of the accused and D by the prosecution;

1. Previous convictions: Application of Acts and subordinate statutes to criminal records and investigation reports (the same kind of records of a defendant A and the confirmation of cases pending in trial);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, Article 30 of the Criminal Act concerning facts constituting an offense, and Article 60 (1) 3, Article 4 (1) 1, and Article 2 of the

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The proviso to Article 67 of the Narcotics Control Act;

1. The Criminal Procedure Act;

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