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(영문) 창원지방법원 진주지원 2020.02.05 2019고단387
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

30,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

On November 23, 2016, the defendant was sentenced to six months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence) at the Changwon District Court on November 23, 2016, and completed the execution of the sentence at the detention house on February 16, 2017.

The defendant is not a person handling narcotics.

1. On August 2018, the Defendant: (a) delivered a philophone, at the vicinity of Gosung-gun C, approximately 0.06 g of psychotropic drugs, which consist of a single-use cronon (hereinafter “philophone”); and (b) delivered a single-use cronon to Gosung-gun D (39 years of age); and (c) 0.06 g of psychotropic drugs.

2. 필로폰 매수 피고인은 2019. 3. 31. 00:30경 거제시 E에 있는 F초등학교 인근 길가에서, 인터넷채팅 어플리케이션 ‘즐톡’을 통하여 성명불상의 필로폰 판매자로부터 일회용 주사기에 들어 있는 필로폰 약 0.05g을 10만 원에 매수하였다.

3. At around 01:00 on March 31, 2019, the Defendant administered a philophone medication by dilution approximately 0.05g of philophone, which is contained in a single scopical toilet purchased, such as paragraph 2, into a copic scopon injection.

Summary of Evidence

1. Defendant's legal statement;

1. Grade D of the third protocol of interrogation of the accused by the prosecution;

1. Each photograph, investigation report (as a result of the preliminary experiment of the defense), investigation report (as a result of the preliminary test of the defense), investigation report, investigation report (as a result of the suspect's appraisal report), investigation report (as a result of the examination of narcotics related to the prosecution of the suspect), investigation report

1. Previous records: Application of criminal records, inquiry reports, investigation reports (applicable to decisions related to the same type of crime and personal confinement records);

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

1. Aggravation of repeated crimes: Article 35 of the Criminal Act;

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

1. A provisional payment order: Sentencing Article 334(1) of the Criminal Procedure Act.

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