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(영문) 창원지방법원 2020.02.14 2019고단3497
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The amount equivalent to 1480,000 won shall be collected from the defendant and the amount equivalent to the additional collection charge.

Reasons

Punishment of the crime

On February 3, 2012, the Defendant was sentenced to one year to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Busan District Court on February 3, 2012. On July 2, 2012, the enforcement of the sentence was terminated at the Busan Detention Center, and even if a person handling narcotics is not a person handling narcotics, the Defendant treated the psychotropic drugs as follows:

1. Sale of philophones;

A. On April 2, 2013, the Defendant, at around 17:08, received KRW 1230,000 from a branch office account of the Defendant from a branch office account of the Defendant, and on the same day, sold opphonephones by sending approximately 2g of opphones from D Terminal located in Busan to B with bus freight, and on the same day;

B. On April 15, 2018, at around 20:00, the Defendant sold approximately 0.3g of oponon from the upper side of the F following chill bridge located in Busan Northern-gu, Busan to G with approximately 50,00 won.

2. Medication of phiphones.

A. On November 15, 2018, the Defendant administered approximately 0.03g of philophones in the guest room in Daegu Northern-gu, Daegu-gu, in a way that the Defendant injecteds approximately 0.03g of honphones into the body for single-use injection, by dilution them into water, at around 21:00;

B. At around 15:00 to 16:00 on June 28, 2019, the Defendant administered approximately 0.03g philopon at the seat of the J, a branch located in Daegu Northern-gu I in the same manner.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of G or K;

1. The police statement concerning B;

1. Results of inquiring about the details of account transactions, each narcotics appraisal report, monetary records, and DNA information;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, written judgments and personal confinement;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 and Article 2 (3) of the Act on the Management of Narcotics, Etc. (the trade of phiphones and the points of administration) concerning the facts constituting an offense, and the choice of imprisonment, respectively;

1. As to Article 35 of the Criminal Act among repeated crimes

A. As to the crime

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The proviso of Article 67 of the Narcotics Control Act, Article 334(1) of the Criminal Procedure Act.

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