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(영문) 수원지방법원 안산지원 2019.08.29 2019고단1799
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

1.67(grams No. 1) and five for single-use divers that have been seized.

Reasons

Punishment of the crime

[Criminal Power] On June 21, 2018, the Defendant was sentenced to one year and eight months of imprisonment due to a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on February 18, 2019 and completed the execution of the sentence in the Hong Prison on February 18, 2019.

【Criminal Facts】

Although the Defendant is not a person handling narcotics, but is not a person handling narcotics, the Defendant dealt with a penphone as follows, even though he does not deal with a psychotropic drug (i.e., a single-name “phiphone”; hereinafter referred to as a “phiphone”).

1. Medication of phiphones;

A. On April 28, 2019, the Defendant committed the crime: (a) around April 28, 2019, the Defendant administered phiphones by inserting approximately 0.08g of philophones into a single-use injection device; and (b) dilution them with water on his/her right bridge.

B. Around May 4, 2019, the Defendant committed the crime on or around May 4, 2019: (a) inserted approximately 0.32g of philophone into a single-use injection instrument; and (b) dilution with water, and administered philophones in a way of injecting it into his/her arms.

2. On May 8, 2019, the Defendant possessed a philophone in a manner of storing approximately 1.67g of philophone in a plastic bag located on the table of the luminous Baccom C on May 8, 2019, by putting approximately 1.67g of philophone in a plastic bags.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and list (No. 3 and 4 No. 1)

1. Written appraisal of narcotics;

1. Investigation report (Analysis of suspect telephone details);

1. Attachment of a photograph of a text message to a course;

1. Previous records of judgment: Criminal records, results of inquiry into criminal records, application of Acts and subordinate statutes (Attachment to criminal records of the same kind of suspect and written judgments);

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 the relevant criminal facts and the Selection of Punishment;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Confiscation under Article 48 (1) 1 of the Criminal Act, the main sentence of Article 67 of the Narcotics Control Act;

1. Matters concerning the management of narcotics in addition to collection;

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