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(영문) 창원지방법원 2017.07.05 2017고단1868
마약류관리에관한법률위반(향정)등
Text

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

Seized evidence 1 or 2 shall be confiscated.

10,000 won from the defendant.

Reasons

Punishment of the crime

On June 2, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Changwon District Court on one year and six months, and completed the execution of the sentence on May 21, 2017.

1. A violation of the Act on the Control of Narcotics, Etc. (fluence) provided that the Defendant is not a narcotics handler, but dealt with the Metropha (culphine called 'copon'; hereinafter referred to as ‘coponphone’), which is a local mental medicine, as follows:

A. On May 24, 2017, the Defendant, at around 20:00, administered D hotel 602 rooms in Kimhae-si, Kimhae-si, on the same day through the Internet, to put approximately 0.03g of chophones, among chophones delivered in a disposable injection machine, and to dilution them with their arms.

B. At around 14:50 on May 25, 2017, the Defendant: (a) purchased in the above D hotel 602 room; and (b) carried approximately 0.46g of philophones, remaining after being administered, into a vinyl stuff, and carried them.

2. On May 25, 2017, at around 13:00, the Defendant damaged the victim’s property in order to cover repair costs equivalent to KRW 2,978,00,00, in addition to the 602 heading room of the D hotel operated by the Victim E, such as the 602 heading room of the D hotel.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A written appraisal of seized articles and a written appraisal of prosecution;

1. A protocol of seizure and a list of seizure;

1. The photographing of CCTV photographs, photographing of shots at the time of seizure, photographing of shot photographs, and photographing of white shots;

1. Investigation report (the specification of the amount damaged by property);

1. A report on investigation (to take photographs at the damaged scene);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report on investigation (verification of suspect convicts);

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 366 of the Criminal Act concerning facts constituting an offense, and Article 60 (1) 3, Article 4 (1) 1, and Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc., for which the relevant law and the choice of punishment are applicable, and Article 366 of the Criminal Act.

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