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(영문) 의정부지방법원 2018.12.07 2018고단2934
마약류관리에관한법률위반(향정)
Text

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

20,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

On December 22, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Busan District Court on December 22, 2015 and completed the execution of the said sentence at the Port Correctional Institution on September 19, 2016.

The Defendant, who is not a person handling narcotics, is not a person handling narcotics, is prohibited from dealing with clocks (one philopopon; hereinafter referred to as “philopon”).

1. On March 27, 2018, the Defendant received philophones from the Gangdong-gu Seoul Metropolitan Government Bael, and the Defendant received philophones from C with the philophones volume.

2. Medication of phiphones.

A. On March 27, 2018, the Defendant: (a) administered philophones once by inserting phiphones into a single-use injection machine; and (b) dilution them with water, at the time, place, and place described in paragraph (1).

B. The same year from around June 24, 2018

7.3. The Defendant committed a crime between the police officers on June 24, 2018, from around the same year.

7.3. Between the border and Busan, the philopon was administered once by the aforementioned method in a scopon.

Summary of Evidence

1. The legal statement of the witness C;

1. A protocol of seizure and a list of seizure;

1. A report on investigation (verification of the details ofC mobile phone calls), a report on investigation (case of a person who has been infected with his/her arms), and a report on investigation (related to the place where the suspect has temporarily administered phiphones recently);

1. A narcotics appraisal report and an additional response to a request for appraisal;

1. Photographs, each currency content;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, report on investigation (Attachment to the same criminal suspect's judgment), judgment, investigation report (verification of the date of release), application of Acts and subordinate statutes on personal confinement;

1. Relevant legal provisions of the Act on the Management of Narcotics, etc. for the Fact of crime and Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. for the Selection of Punishment, and Selection of Imprisonment with prison labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. The proviso to Article 67 of the Narcotics Control Act;

1. Determination as to the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act.

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