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(영문) 서울중앙지방법원 2017.11.09 2017고단5499
마약류관리에관한법률위반(향정)
Text

Imprisonment with prison labor for each of the crimes of No. 2 and No. 3 as stated in the judgment of the defendant 1, and imprisonment with prison labor for one year and six months.

Reasons

Punishment of the crime

[criminal history] On April 29, 2015, the Defendant was sentenced to one year to imprisonment with labor for a violation of the Narcotics Control Act at the Suwon Franchising Station, and completed the execution of the sentence on October 14, 2015. On July 4, 2016, the Defendant was sentenced to one year to imprisonment with labor for a violation of the Narcotics Control Act (franchising) at the Jung-gu District Court, and the judgment became final and conclusive on November 21, 2016, and completed the execution of the sentence on February 9, 2017.

[Criminal facts]

1. On January 1, 2016, the Defendant: (a) in contact with a seller of narcotics, etc. with the name-free narcotics through online search; (b) purchased mephones (i.e., one philophone; hereinafter “philophones”); and (c) purchased mephones by means of finding about about 30 glophones from the bottom of the air waste box around the entrance of Yeongdeungpo-gu Seoul Metropolitan Government, which was designated as the place where the purchase was made; and (d) KRW 5 million in cash in selling a commercial in the vicinity of the air box No. 1 in Seoul Metropolitan City, Yeongdeungpo-gu, which was designated as the place where the purchase was made; and (e) purchased mephones by means of finding about about 30 glophones from the bottom of the air waste box around the entrance No. 2 in the foregoing calendar.

2. On July 17, 2017, the Defendant: (a) 701 hotel in the mutual influorial hotel located in Gangnam-gu Seoul, Gangnam-gu, Seoul, put about 0.05 gopon into a single-use injection machine; and (b) administered it in a way of injecting it into his arms bloodline.

3. On July 18, 2017, the Defendant: (a) around 11:40, the Defendant: (b) put up two disposable stuffs on his/her table in four plastic bags, including a sum of 9.1g, 9.5g, 3.25g, and 0.4g, of which total sum is 22.25g; and (c) put up two disposable stuffs containing two 0.5ml and 0.3ml in each water.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Records and photographs of seized articles;

1. Written appraisal of each narcotics (defensive, seized, and hair);

1. The contents of hosting conversations, field photographs, suspect penphone photographs;

1. A previous conviction in judgment: an inquiry about criminal history;

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