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(영문) 수원지방법원 안산지원 2015.07.15 2015고단1066
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On January 31, 2013, the Defendant sentenced the Incheon District Court to six months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence on May 12, 2013 at the Incheon Detention Center.

[2015 Godan1066] Notwithstanding that the Defendant is not a person handling narcotics, around May 2014, the Defendant: (a) received 100,000 won from F in front of the E-mail located in Bupyeong-si, Gyeonggi-do; and (b) 0.1g of approximately 0.1g of the psychotropic drug, which is a psychotropic drug, contained in a single-use injection instrument, (c). Accordingly, the Defendant traded phiphone. [2015 Godan1263] around May 2014, the Defendant dried approximately 0.1g of the psychotropic drug, around the H restaurant located in Seocheon-gu, Seocheon-gu, Seoul, Gyeonggi-do, and the Defendant administered the phiphone. As a result, the Defendant administered the phiphone.

1. Partial statement of the defendant;

1. Legal statement of F;

1. Statement to the prosecution of I;

1. Previous convictions in judgment: Criminal records and current status of personal identification and confinement;

1. Defendant's legal statement;

1. A written appraisal;

1. Previous convictions: Determination of criminal records, personal identifications, and the defendant and his defense counsel's assertion

1. The summary of the argument is only that the Defendant purchased philophones from F along with I, but did not sell philophones to F.

2. In full view of the following circumstances acknowledged by the evidence revealed earlier, ① the Defendant and F came to know in prison, ② the F heard the Defendant’s speech to purchase the phiphones from the Defendant after release from prison, but the Defendant did not respond to the Defendant’s refusal to pay the phiphones prior to the issuance of the phiphones; ③ the Defendant purchased the phiphones solely from I; ④ the Defendant received the phiphones from the Defendant and paid the phiphones purchase price to the Defendant simultaneously.

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