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(영문) 대전지방법원 홍성지원 2018.01.31 2017고단864
마약류관리에관한법률위반(향정)
Text

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

The evidence seized shall be confiscated from the accused.

Reasons

Punishment of the crime

[criminal record] On October 1, 2010, the Defendant was sentenced to five years of imprisonment for a crime of violation of the Act on the Punishment of Sexual Crimes and Protection, etc. of Victims (Rape, etc.) at the Daejeon High Court, and completed the execution of the sentence at Daejeon Prison on February 16, 2015.

[ criminal facts] The defendant is not a person handling narcotics, and thus shall not possess, possess, use, transport, manage, import, export, manufacture, prepare, administer, administer, deliver, trade, assist in the trade of, or offer narcotics or psychotropic drugs.

1. At around 04:10 on November 21, 2017, the Defendant administered philophones by dilution with 0.03 gh (one philophone; hereinafter “philophone”) a local mental medicine, which is a part of a disposable injection device, from the toilet located in Seocheon-gun, Seocheon-gun, Chungcheongnam-gun, Seocheon-gun, in a single-use entertainment note, and then injected with 0.03 g (one philophone; hereinafter “philophones”). Then, the Defendant wrophones on the philophones contained in a transparent plastic paper located in the 1st place of amusement.

Accordingly, the Defendant administered philophones, respectively.

2. On November 21, 2017, the Defendant: (a) around 05:20, at the above location, put opphone 0.95 g (i.e., a transparent plastic sealing; (b) put it in a verification machine; and (c) put the opphone 0.06 g (i.e., a single-use cellphone) into a verification machine; and (d) carried a total of 1.01 g of a opphone in a manner that puts the opphone into a single-use cellular machine and puts it into a single-use portable machine and puts it into a

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Each seizure protocol, investigation report (Evidence Nos. 5, 7, 24, 32 of the evidence list), photographs at the time of the on-site and arrest and photographs, phiphone weight measurement photographs, photographs, explanatory notes, etc., genetic appraisal records, and narcotics appraisal records;

1. Previous convictions: Inquiry about criminal history, investigation reports (Evidence No. 28 of the evidence list), each judgment, and application of Acts and subordinate statutes to the status of personal confinement;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2, and Article 60 of the Act on the Selection and Management of Narcotics, Etc., concerning facts constituting an offense, the selection of a sentence to imprisonment;

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

1. Aggravation concurrent crimes;

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