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(영문) 의정부지방법원 2017.09.21 2017고단1921
마약류관리에관한법률위반(향정)
Text

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

No. 11 of the evidence seized shall be confiscated.

Reasons

Punishment of the crime

On June 24, 2015, the Defendant was sentenced to imprisonment for one year for a crime, such as violation of the Narcotics Control Act, at the Suwon method, etc., and completed the execution of the said sentence on May 3, 2016.

Defendant is not a narcotics handler.

1. On February 2, 2017, the Defendant purchased 100,000 won for a fluent mental medicine, which is a local mental medicine that is contained in a vinyl fluor, from the Defendant, at least 30,000 won, to a person under the name of the deceased in front of the exit No. C, No. 4, located in Ansan-si, Ansan-si, Annsan-si, and then purchased fluorphones with approximately 10,000 g (one penphone; hereinafter referred to as “phiphone”).

2. On March 17, 2017, the Defendant received psychotropic drugs: (a) around 21:00, the Defendant sent and received philophones free of charge to E by putting approximately 0.4g of philophones on a disposable 604g of Rolophones, from the Government-si, in a one-time injection machine, in which philophones are 0.4g.

3. On April 19, 2017, the Defendant administered a psychotropic medicine in a single-use injection device containing approximately 0.07 gopon from Gambur 203 Madon 203 Madon Madon f, and then administered a phiphone by means of injecting it into the Defendant’s arms bloodline.

4. On April 20, 2017, the Defendant, having a psychotropic medicine, carried approximately KRW 7.57g of philophones purchased, as described in paragraph 1, in front of Gelphones located in Speaker F on April 15:10, 2017, and carried multiple philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the police interrogation protocol regarding E;

1. Protocols of seizure, list of seizure and photograph of seized articles;

1. Investigation report (Attachment of measurable photographs of seized articles);

1. A written appraisal of each drug;

1. Previous conviction: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a sentence of judgment and attachment of inquiry about confinement);

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. for the Prevention of Criminal Facts and the Selection of Sentence 3, Article 60 of the Act on the Management of Narcotics, Etc. (Selection of Imprisonment with prison labor);

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. Article 67 of the Act on the Management of Confiscated Narcotics, Etc.

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