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(영문) 창원지방법원진주지원 2020.10.21 2020고단714
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 or 2 shall be confiscated.

300,000 won from the defendant.

Reasons

Punishment of the crime

On July 19, 2018, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court on July 19, 2018, and completed the execution of the sentence in the Common Detention House on October 3, 2018.

Defendant is not a narcotics handler.

1. At around 17:00 on December 28, 2019, the Defendant: (a) received a single-use injection machine with approximately 0.06g of psychotropic drugs from Jinju-si C on the side of the road located in Jinju-si B; (b) received a single-use injection machine containing approximately 0.06g of psychotropic drugs from Jinju-si D.

2. On March 2020, the Defendant purchased 50,000,000 won of 18:30 on the front day of the F convenience store in the vicinity of the Young apartment near Busan Northern-gu, Busan, and one color vinyl package containing approximately 1.55 g of philopon from Malop G after society.

3. Around 11:00 on April 14, 2020, the Defendant administered approximately 0.05 g of philopon to a coffee at the Defendant’s residence located in Kimhae-si H and I, and 0.05 g of philopon to a coffee.

4. At around 11:10 on April 16, 2020, the Defendant, holding a philophone, kept one color vinyl, which contains approximately 1.45 g of philophones in his hand, and a single philophone in his hand, which contains approximately 0.05 g of philophones.

Summary of Evidence

1. Legal statement of witness D;

1. Each prosecutor's protocol of examination of the accused;

1. Each prosecutor's office and police interrogation protocol (Duplicate) and statement of D;

1. The details of telephone calls, data verifying the fact of communications, investigation reports (as to the credibility of a statement of leaving a ship D), records of seizure, records of seizure, records of prosecutor’s request for prosecution, photographs, investigation reports (as a result of preliminary experiments on the defense), appraisal records of each narcotics and investigation reports (as to calculation of additional charges

1. Previous records: Criminal records, inquiry reports, and application of Acts and subordinate statutes (Attachment to the judgment of identical crimes A against a suspect and the status of confinement of each individual);

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., concerning facts constituting an offense, as well as the selection of punishment;

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