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(영문) 의정부지방법원 2016.01.19 2015고단4627
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

6 copies (No. 3) of seized philophones shall be confiscated.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On June 4, 2013, the Defendant was sentenced to a suspended sentence of two years for a year by imprisonment with labor for a violation of the Narcotics Control Act at the Seoul Central District Court.

【Criminal facts】 The Defendant is not the handler of narcotics

1. On May 2015, the Defendant administered philophones by inserting approximately 0.07 g of Mesophine clopon, which is a local mental medicine, into a single-use injection machine, and dilution into the Defendant’s arms at a DNA guest room located in Seongdong-gu Seoul Metropolitan Government (hereinafter “popon”).

2. On June 2015, the Defendant administered approximately 0.07 ghon-phones at the Felon room located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul around the beginning of the new wall.

3. On November 21, 2015, the Defendant purchased approximately 2.8gg (one disposable injection device) from I to KRW 900,000,000 in cash, from the Defendant’s siren parked on the front door of H located in Nam-gu Incheon Metropolitan City G, and purchased approximately 2.8g of philopon from I to KRW 90,000.

4. The Defendant, at the Defendant’s residence located in the Gwanak-gu Seoul Special Metropolitan City, around the same day, injected approximately 0.07 g of phiphones purchased as above into a disposable injection machine and dilution with water, and affixed the following day on November 22, 199, and on November 23, 199, administered phiphones in the above manner at the Defendant’s residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution to K;

1. Some copies of the protocol of seizure of the police, photographs of seized articles, and copies of notes of phiphones;

1. Notification of the results of each legal chemical appraisal;

1. A table of transaction prices of narcotics;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report on investigation (the final judgment of the suspect and the attachment of records of confinement);

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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