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(영문) 대전지방법원 2015.05.20 2015고단846 (1)
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

80,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[Criminal Power] On January 13, 2011, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at Daejeon District Court on January 13, 201, and completed the execution of the sentence at the Chungcheong detention house on August 23, 201.

【Criminal Facts】

1. On August 2012, the Defendant conspiredd with AC to purchase a phiphone and administer it, and then the Defendant administered a phiphone in the first round of August 1, 2012, using a single injection device for approximately 0.15g, a psychotropic drug purchased at AC’s money of KRW 600,000,000 from AC in the vicinity of the above her mother phone (hereinafter “phiphone”), among approximately 0.8g of psychotropic drugs purchased from AK in the middle of the above her mother phone, the Defendant 0.15g of the phiphone, while AC injected approximately 0.07g of the phiphone, using a single injection device, around that time, the Defendant administered the phiphone in the above manner twice and the AC 4 times.

2. On August 2012, the Defendant conspiredd with AC to administer phiphones, and then injected approximately 0.15g of phiphones that AC borrowed from BH in the Nam-gu Incheon Nam-gu BH BH room, around that time, the Defendant’s interest for KRW 4 million that AC borrowed from AK to AK, and then injected approximately 0.07g of phiphones using a disposable injection device, and the Defendant injected approximately 0.15g of phiphones with AK in two ways.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's interrogation protocol about AC;

1. Each prosecutor's statement to AK;

1. Investigation report (Attachment to the AC judgment);

1. Previous convictions in judgment: Application of the Acts and subordinate statutes concerning inquiry reports and personal identification and confinement conditions;

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts, and Article 30 of the Criminal Act;

1. Article 35 of the Criminal Act among repeated 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 order of provisional payment;

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