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(영문) 의정부지방법원 2016.08.22 2016고단2487
마약류관리에관한법률위반(향정)등
Text

The crime No. 1 of the judgment of the defendant shall be punished by imprisonment with prison labor for four months, and imprisonment with prison labor for the crime No. 2 through No. 4 of the judgment.

Reasons

Punishment of the crime

[criminal history] On August 21, 2013, the Defendant was sentenced to imprisonment for one year and two months with labor for a violation of the Narcotics Control Act at the Incheon District Court on December 17, 2013, and such judgment became final and conclusive on December 17, 2013, and led to five times the same type of force, including the termination of the execution of imprisonment with labor.

[Criminal facts] The Defendant is not a narcotics handler

1. On September 2012, the Defendant offered approximately 0.1g of Mesophical drugs to E, a Mesophically mental medicine, by delivering approximately 0.1g of Mesophical Mesophical medicine, to E, on the roads near D bus terminals located in Dongbcheon-si, Dongbcheon-si, 2012.

2. On November 24, 2015, the Defendant provided a local mental medicine by delivering approximately 0.5g 0.5g philopon to E at the front of G hospital located in F at the time of the Speaker’s Government.

3. On June 19, 2016, around 23:30, the Defendant administered a local mental medicine by drinking approximately 0.5g of phiphones at the Defendant’s house of 102 underground of the Mapo-gu Seoul Metropolitan Government H building, and by drinking out approximately 0.5g of philophones.

4. On June 19, 2016, the Defendant smoked marijuana by smoking the tobacco containing the hemp plant at the Defendant’s house, around 24:00, at the Defendant’s house under the foregoing paragraph 3.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of suspect interrogation of each police officer in E;

1. On-site photographs;

1. Each protocol of seizure, list of seizure, and evidence of seizure;

1. A certificate of test of reagents reaction by a private person;

1. Written consent to the collection of DNA identification samples;

1. A request for appraisal;

1. The new details of each trade name between E and A;

1. Each investigation report (related to a report on the market price of philophones and marijuana, appending a written appraisal of urines and for single-use injection devices, calculation of additional collection charges, a statement of narcotic appraisal, and an appraisal of hairs);

1. Previous conviction: Investigation of criminal history, investigation report (verification of confinement records), results of search of prisoners, and application of Acts and subordinate statutes by inquiry of prisoners;

1. Matters concerning the provision of relevant laws on facts constituting an offense and the control of narcotics, etc. under Article 60(1)2, Article 4(1)1, subparagraph 3(b) of Article 2, and Article 2 subparag. 3(b) of the Act on the Management of Narcotics, etc., for which the relevant law and punishment are selected;

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