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(영문) 의정부지방법원 고양지원 2019.03.15 2018고단2878
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

300,000 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 September 17, 2015, the Defendant was sentenced to one year and two months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court (hereinafter “Seoul Central District Court”) and completed the execution of the sentence at the port prison on August 27, 2016. On September 14, 2017, the Incheon District Court sentenced the Defendant to one year of imprisonment for a violation of the Act on the Control of Narcotics, etc. (fence) and completed the execution of the sentence at the main prison on May 20, 2018.

【Criminal Facts of Crimes】 The Defendant is not a person handling narcotics, and thus shall not sell or administer Metrophophones (hereinafter referred to as “philophones”).

1. On November 11, 2018, the Defendant: (a) promised to purchase phiphones from the name influences, known through the Internet, in the public toilets B located in Goyang-si, Goyang-si on the Internet on November 11, 2018; and (b) purchased 0.1g of phiphones contained in the envelope attached to the envelope at that place after leaving 300,000 won under the gate of the toilet; and (c) purchased phiphones.

2. At around 04:30 on November 12, 2018, the Defendant injected a philophone into a one-time injection machine with approximately 0.1g of philophones purchased as described in paragraph (1) within Kimpo-si Kimpo-si, Kimpo-si, and injected them once into his left part.

Summary of Evidence

1. Defendant's legal statement;

1. A certificate of simple test of reagents;

1. Written appraisal of narcotics;

1. Moccusctv photographs;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification reports of the same kind of power), and application of Acts and subordinate statutes as a result of prisoners search and seizure;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 and Article 2 (3) of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, the choice of imprisonment with prison labor for each of them;

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. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.

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