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(영문) 대구지방법원 의성지원 2019.05.09 2018고단198
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

150,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On April 18, 2018, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, etc. at the Ulsan District Court on April 18, 2018, and the judgment became final and conclusive on April 26, 2018.

On May 10, 2017, the Defendant was sentenced to one year and six months of imprisonment and three years of suspended sentence for a violation of the Act on the Control of Narcotics, Etc. at the Ulsan District Court on May 10, 2017. The sentence of suspended sentence became final and conclusive during the suspended sentence.

The defendant is not a person handling narcotics.

1. On December 2, 2017, the Defendant purchased philophones by purchasing approximately KRW 4.9g of 1050,000 from D and purchasing philophones in front of C in Ulsan-gu, Nam-gu, Ulsan-gu, U.S., Ulsan-gu., and KRW 1050,000 from D.

2. At around 19:00 as of December 2, 2017, the Defendant administered philophones by means of inserting approximately 0.25g in water into a single-use injection machine, within the guest room where it is impossible to know the trade names near F in Ulsan-gu E, Ulsan-gu. The Defendant divided the philophones purchased as of the above paragraph (1) into G and half of the purchase funds, and then administered them by inserting approximately 0.25g in water into a single-use injection machine.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and H;

1. Examination protocol of police suspect regarding D;

1. Each police suspect interrogation protocol (Duplicate) of D or H;

1. Court rulings and investigation reports (report related to collection);

1. Previous convictions before and after the judgment: Criminal history records, the circumstances supporting the Defendant’s criminal act are consistent with D’s statements made by investigation agencies and this court with respect to the process of acquiring visualphones as indicated in the judgment, the place and method of determining prices for the instant crime, the circumstances after the crime, etc., and the statements made by the spouse H who is separate from the statements made by the Defendant cannot be found to be inconsistent;

D) On September 13, 2018, the Busan District Court sentenced the defendant to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence) and two years of suspended execution on September 21, 2018, as stated in the judgment.

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