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(영문) 수원지방법원 2017.11.09 2017고단3979
마약류관리에관한법률위반(향정)
Text

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

Reasons

Punishment of the crime

On May 23, 2012, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Narcotics Control Act (competence), etc. on the grounds of a violation of the Act on the Control of Narcotics, etc. at the Suwon District Court, and on April 10, 2013, the Defendant was sentenced to eight months of imprisonment with prison labor for the alteration of official documents, etc. at the Seoul Southern District Court, and completed the execution of each of the above punishment on September 13,

Notwithstanding that the Defendant is not a narcotics handler, the Defendant:

1. On December 3, 2016, at around 20:00, the Defendant’s house located in Suwon-si, Suwon-si E administered phiphonephones in a way of drinking together with water with the meconculic volume of the Metepopic (hereinafter “Handphones”);

2. At around 20:00 on December 6, 2016, administering philophones by means of drinking together with water the volume of philophones (one-time medication) at the home of the above defendant at around 20:00;

3. At around 20:00 on December 17, 2016, administration of phiphonephones by means of drinking together with water the volume of phiphones (one set of philograms) at the home of the above defendant's office;

4. At around 20:00 on December 30, 2016, administration of phiphones by means of drinking together with water the volume of philophones (one set of philograms) at the home of the above defendant's office;

5. Around January 21, 2017, around 00:00, the Defendant’s home at the above Defendant’s office administered philophones in a manner of drinking together with water with philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Details of the investigation report and conversation of F message;

1. Each protocol of seizure and each list of seizure;

1. A report on investigation (written reply to narcotics), and an appraisal report on each narcotics;

1. A report on the results of analysis of digital evidence;

1. Previous records of judgment: Inquiry into criminal records and investigation records, investigation reports (verification of repeated records, etc.), status of personal confinement, and application of each statute of judgment;

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. Whether concurrent crimes are subject to confiscation or collection, or recognition of the amount of collection, etc. under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (determination of collection).

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