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(영문) 수원지방법원 평택지원 2017.10.25 2017고단1789
마약류관리에관한법률위반(향정)
Text

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

20,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

[Criminal record] On July 21, 2016, the Defendant was sentenced to one year of imprisonment with labor for a violation of the Narcotics Control Act at the Daejeon District Court on July 21, 2016, and completed the execution of the sentence in the previous Jeju Prison on March 30, 2017.

[Criminal facts] The Defendant is not a narcotics handler

1. On June 23, 2017, the Defendant, in violation of the Act on the Control of Narcotics, Etc. by Purchasing Handphones, purchased 200,000 won in cash from E in the guest room of “D hotel in Suwon-si C”. The Defendant purchased 200,000 won in cash from E in the guest room of “D hotel in Suwon-si, Suwon-si.”

2. Violation of the Act on the Control of Narcotics, etc. Due to the administration of phiphones.

A. On June 23, 2017, the Defendant, on June 23, 2017, administered approximately 0.07g of the philophones purchased as above at the places indicated in paragraph (1) above, once, in a manner of melting them into the left beer.

B. On September 1, 2017, the Defendant, on September 1, 2017, administered one time in a guest room where it is impossible to find out the heading room of 2nd floor of Gaphone F in the Dae-gu, Seoul Special Metropolitan City, on September 1, 2017, by dilution approximately 0.14g of philophones into the left top bees.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each police suspect interrogation protocol regarding E;

1. Written reply to a request for appraisal (written appraisal of narcotic drugs);

1. A report on investigation, a report on investigation, or a report on investigation (to attach telephone details);

1. A report on investigation (calculated additional collection charges);

1. Previous convictions in judgment: Inquiry about criminal history, reporting on investigation (Attachment of results of search by prisoners), and application of Acts and subordinate statutes to investigation reports;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. The proviso to Article 67 of the Act on the Management of Narcotics, etc. to be collected additionally;

1. The Criminal Procedure Act of the Provisional Payment Order.

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