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(영문) 수원지방법원 평택지원 2018.01.12 2017고단578
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

60,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal history] On August 17, 2015, the Defendant was sentenced to imprisonment for one year and three months with labor for the same crime in the branch of the Gwangju District Court (hereinafter “Seoul District Court”) and on July 7, 2016, and completed the execution of the sentence in the Southern Prison on September 10, 2016.

[2017 Highest 578] The Defendant is not a narcotics handler.

1. On January 1, 2017, the Defendant, at the Defendant’s house located in Osan City, 10:00, administered approximately 0.1 gram of Metepopopon on a coffee, which is a local mental medicine (hereinafter “Mepopon”).

2. On March 9, 2017, at around 02:00, the Defendant administered 0.1g of philophonephones in E located in Ma in Olsan City, on a coffee.

[2017 Highest 1454] Defendant is not a narcotics handler.

1. On January 2017, the Defendant: (a) received KRW 100,00 from H on the street near “G tourist hotel” located in “G tourist hotel F in Simsan-si; and (b) sold 0.1g of philopon, which is a local mental medicine, to H.

2. On March 2017, the Defendant: (a) received KRW 100,00 from H at the same place as the date in which the Defendant sold 0.1g of philophones to H at the same place as the date in which the Defendant was in question.

Accordingly, the Defendant traded phiphones to H two times.

Summary of Evidence

[2017 Highest 578]

1. Statement by the defendant in court;

1. A copy of the protocol of interrogation of the police officer with regard to I (four times);

1. Police seizure records and list of seizure;

1. Adverse reaction test;

1. Each letter of appraisal of narcotics (2017 Height 1454);

1. Each legal statement of H and J;

1. A protocol concerning the examination of the suspect of each police officer with regard to H;

1. Adverse reaction test;

1. A criminal investigation report (in addition to monetary statements), which is before the judgment;

1. Written inquiry and reply;

1. Report of investigation (Confirmation of period of suspect, repeated crime);

1. Application of Acts and subordinate statutes concerning personal 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. under the relevant Act on criminal facts;

1. Selection of imprisonment with prison labor chosen;

1. Aggravation of repeated crimes;

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