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(영문) 의정부지방법원 2020.03.26 2019고단4968
마약류관리에관한법률위반(향정)
Text

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

400,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

Since the Defendant is not a person handling narcotics, the Defendant is prohibited from handling psychotropic drugs (hereinafter referred to as “chophones”).

1. On September 20, 2018, the Defendant committed the crime of September 20, 2018: around 01:00 to 03:00 on September 20, 2018, the Defendant injected approximately 0.03 gramphones into a single-use injection machine, dilution them into the Defendant’s arms, and injected them into the Defendant’s arms.

2. Crimes committed after October 3, 2018.

A. At around 01:00 on October 3, 2018, the Defendant purchased philophones with cash of KRW 300,000,000 in front of the D Bank located in Gyeonggi-si, and purchased philophones with 1g of philophones.

B. On October 3, 2018, the Defendant administered 0.03 grams in a single-use injection method, i.e., in the residence of the Defendant under F and G at the Gyeonggi-si, and ii) on October 3, 2018, in which approximately 0.03g of the opopon, purchased as referred to in paragraph 2(a), were added to a single-use injection method, and then the Defendant injected into his arms; ii) on October 4, 2018, the Defendant injected approximately 0.03g of the opon, purchased as referred to in subparagraph 2(a), into a single-use injection method, and dilution with water by the Defendant’s injection. iii) on October 5, 2018, the Defendant injected the 0.03g of the opon into a single-use injection method, dilution with each 0.3g of the opon, purchased as referred to in subparagraph 2(a) at latest.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of suspect examination of H by the police;

1. Copy of the police statement of E;

1. Records of seizure and the list of seizure;

1. Report on investigation (report on the calculation of additional collection charges);

1. A preliminary test report on narcotics and a written appraisal of narcotics;

1. Application of Acts and subordinate statutes on telephone details;

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. From among concurrent crimes, the sale by means of a purchase and sale of the heavy penphones for which the offense of Article 37 (former part), Article 38 (1) 2 and Article 50 of the Criminal Act is the largest;

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