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(영문) 수원지방법원 성남지원 2017.10.26 2017고합111
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for three years.

Seized evidence 1 through 3 and 6 through 8 shall be confiscated, respectively.

from the defendant.

Reasons

Punishment of the crime

[Criminal history] On December 11, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act (competence) at the Daejeon District Court, and completed the execution of the sentence on January 22, 2017.

[Criminal facts] The Defendant is not a narcotics handler

1. On May 2017, the Defendant: (a) delivered 2 million won in cash to a person under his/her name in the Seo-gu Seoul subway D Station located in Busan, Seo-gu; and (b) purchased philophones by means of bringing about about about 15g of philophones concealed under the above subway station’s public telephone base.

2. On May 18, 2017, at the Defendant’s residence located in Seo-gu Busan, Seo-gu, Busan, the Defendant administered opphones by means of injection of approximately 0.03 gramopphones contained in a single-use injection machine with the Defendant’s arms bloodline.

3. On May 19, 2017, the Defendant, at around 09:55, possessed a stroke drug containing about 6 strokes containing the stroke m (e.g., plastic medicine) and about 1 strokes containing a stroke m (e.g., a local mental medicine) at the Defendant’s residence.

[Grounds for necessity of the medical care and custody] Even though there was a past record of being sentenced to a 19-year suspended sentence for a violation of the Medical Care and Custody Act by the Busan District Court on December 24, 1998, the medical care and custody applicant was sentenced to a 19-year imprisonment with prison labor for a violation of the Medical Care and Custody Act and 2-year imprisonment with prison labor for a violation of the Medical Care and Custody Act at the Busan District Court on December 24, 1998 and 5-year imprisonment with prison labor for the purpose of committing the crime, it shall be deemed that the person committed the crime in question was committed after discharge and 2-year imprisonment with prison labor for the purpose of selling and selling phiphonephones for about 19 years before the crime was committed.

Summary of Evidence

1. Statement by the defendant in court;

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

1. As a result of a simplified test of reagents, each narcotics appraisal report and reply to a request for appraisal;

1. A report on investigation (related to the calculation of an additional collection charge);

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