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(영문) 대전지방법원 2020.11.13 2020고단3255
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

30,000 won shall be additionally collected from the defendant.

The above additional charges are imposed on the defendant.

Reasons

Punishment of the crime

On January 22, 2015, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. in Daejeon District Court on August 25, 2015, and the execution of the sentence was terminated on August 25, 2015, and on April 8, 2020, the Daejeon District Court sentenced one year to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. and became final and conclusive on June 5, 2020.

Even if the Defendant is not a person handling narcotics, he dealt with the following Mepta (one philophone; hereinafter referred to as “philophone”).

1. On August 12, 2018, at around 14:30, the Defendant injected approximately 0.04g of philopon into a one-time injection machine at C’s residence located in Seosan-si B, and dilution with water, and injected to the left arms.

2. The Defendant received approximately 0.03g of philophonephones free of charge to C at the time and place described in the preceding paragraph.

3. On October 28, 2019, at around 00:30, the Defendant received approximately 0.03 g of Meteptopian from E public telephone license located in Daejeon Central-gu, Daejeon to F free of charge.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning suspect examination of the accused and C by the prosecution;

1. A protocol concerning the examination of each police suspect against F or C;

1. Protocol of the police statement concerning G;

1. Report on internal investigation (verification of suspect and F monetary details), telephone details, studio photographs, and investigation report (report on calculation of additional collection charges against A);

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of results of the search of prisoners), investigation reports (verification of information on confinement of suspects), criminal records, etc. inquiry reports, and investigation reports (verification of the facts of crimes during the period of repeated crimes A);

1. Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, etc. (Amended by Act No. 16714, Dec. 3, 201); the choice of imprisonment for a crime under Articles 60(1)2, and 4(1)1, and 2 subparag. 3

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The proviso of Article 67 of the Act on the Management of Narcotics, etc. for Additional Collection;

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