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(영문) 춘천지방법원 원주지원 2016.08.30 2016고단668
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

A document No. 4 shall be confiscated by the defendant, and KRW 1,850,000 shall be additionally collected.

Reasons

Punishment of the crime

[criminal history] On May 21, 2014, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Narcotics Control Act (mariju) in the Chuncheon District Court’s original branch, and completed the execution of the sentence on April 10, 2015.

[Criminal facts] The Defendant is not a narcotics handler

1. On April 2016, the Defendant: (a) around early April 1, 2016, the Defendant: (b) sent KRW 400,000 to a bank account known by C, a book for sale of cambacs (one philopon; hereinafter “philopon”); and (c) delivered approximately 0.7g of philopon contained in the cambacopic machine sent by the said C at a cargo handling station in the original city; and (d) received delivery of approximately 0.7g of cambacopon, which is known by C, a book for sale of cambacops (one philop

In addition, the Defendant purchased approximately KRW 3.3 gramphones from around that time to June 2016 in total five times from around that time, as shown in the list of crimes in the attached Form (1).

2. On April 2016, the Defendant: (a) injectedd approximately 0.05g of philophones purchased at the “Gurine” room located in “Gurine” located in “Gurine” in “Curine,” and (b) injected approximately 0.05g of philophones purchased at the beginning on April 2016, into a single-use injection machine; and (c) injected them into the left arms.

In addition, the Defendant administered approximately 1.6g gramphones in total over 26 times from around that time to June 2016, as shown in the list of crimes in the attached Table (2).

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect C by the prosecution;

1. Protocols of seizure, list of seizure, and search and photograph;

1. Investigation report (Analysis of suspect monetary records) and each monetary record;

1. Each response to a request for appraisal;

1. Previous convictions in judgment: A response letter, such as criminal history and investigation experience, results of search by prisoners, application of Acts and subordinate statutes to investigation reports (formers and attachment to such judgments);

1. Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, Etc. for criminal facts and the Selection of Sentence 1, and Article 60(1)3(b) of the Act on the Management of Narcotics, Etc. (the point of sale and purchase of each mental medicine medicine and the point of administration) and the choice of each imprisonment with prison labor.

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