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(영문) 춘천지방법원 2013.12.10 2013고단537
마약류관리에관한법률위반(향정)
Text

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

1,046,00 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

【Criminal Power” On September 2, 2011, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Northern District Court on September 2, 201, and completed the execution of the sentence in the one-year prison in the Gyeongbuk Branch on May 8, 2012.

【Criminal Facts of Crimes】 The Defendant is not a person handling narcotics, but shall not trade, assist in the trade of, give or receive, deliver, possess, possess, use, manage, prepare, administer, or provide psychotropic drugs-related Mescophophones (hereinafter referred to as “diphones”).

1. On January 23, 2013, the Defendant issued a philophone on January 23, 2013, the Defendant: (a) around 08:30 on January 23, 2013, issued 0.35 g of philophones that contain half of 0.75g and 0.35g of philophones in a taxi operated by the Defendant on the road side of a hotel in Songpa-gu Seoul Metropolitan City.

2. From June 21, 2013 to June 25, 2013, the Defendant administered phiphonephones by inserting the volume of phiphones into a single-use injection machine E or Seoul (hereinafter referred to as “Japan”) and inserting it into the arms after dilution, from June 21, 2013.

Summary of Evidence

1. Each legal statement of witness D and F;

1. Grade D of the protocol of interrogation of the accused by the prosecution;

1. A copy of the protocol of examination of prosecution concerning F;

1. Statement by the prosecution concerning D;

1. Each investigation report (related to the telephone conversations between the internal engineer and the F, the date, time, place, etc. of administration of phiphones);

1. Temporary test certificates, each request for appraisal, and written appraisal;

1. Recording files and recording records of telephone conversations;

1. Previous convictions: Criminal records, investigation reports (verification of the date of release from court and attachment of judgment) and their defense counsel's arguments

1. The defendant and his defense counsel stated that D was given a penphone from G at the beginning, and they reversed the statement that D received from the defendant, as well as the defendant made a malicious testimony, and they merely stated that the defendant was given a penphone from the defendant.

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