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(영문) 수원지방법원 성남지원 2014.07.09 2014고단48
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

50,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On October 24, 2012, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at Seoul Southern District Court on May 13, 2013 and completed the execution of the sentence in Seoul Southern District Court on May 13, 2013, and six times of criminal records of the same kind.

【Criminal Facts】

1. On December 2013, 2013, the Defendant: (a) inserted approximately 0.05g of philopon into the guest room in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, in a single-use injection machine; and (b) injected to the left spopon in a way of injection.

2. On December 30, 2013, the Defendant provided approximately 0.05g of philophones contained in the one-time injection machine to E at the guest room in the “D” telecom room as indicated in paragraph (1) around December 30, 2013.

3. At around 16:50 on December 30, 2013, the Defendant provided “D” telephones No. 0.05g, which were contained in the one-time injection device, to F without compensation, from underground telephones under paragraph (1).

4. Around 20:00 on December 30, 2013, the Defendant provided “D” 805 Mourel, as indicated in paragraph (1), G free of charge, with approximately 0.08 g of philopon contained in a single-use injection machine.

5. At around 22:10 on December 30, 2013, the Defendant: (a) kept approximately 8.92 glophones contained in a transparent vinyl on the part of the Defendant’s occupation machine; (b) approximately 0.05 glophones contained in a single-use injection machine; and (c) kept approximately 0.47 glophones in a single-use injection machine on the part of the Defendant’s occupation machine; and (d) kept approximately 0.47 glophones in a single-use injection machine at the same 703 room.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol concerning the examination of suspects of F and E by the prosecution;

1. Protocol of the police statement concerning G;

1. Each protocol of seizure and the list of seizure;

1. Requests for each appraisal;

1. Each investigation report (report on the market price of phiphonephones and report on the calculation of additional collection charges);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and current status of personal identification;

1. Article 60 (1) 2 and Article 4 of the Act on the Control of Narcotics, Etc., for which the pertinent provision of the Act and the selection of punishment for the crime are applied;

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