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(영문) 춘천지방법원 원주지원 2019.10.10 2019고단760
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

The above additional charges are imposed on the defendant.

Reasons

Punishment of the crime

On July 12, 2018, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc., and completed the execution of the sentence in the Ansan Prison on June 30, 2019.

1. On July 24, 2019, the Defendant: (a) received psychotropic drugs metrophones (hereinafter referred to as “copons”); (b) received 0.5 grams from B at a non-sopon site (hereinafter referred to as “copons”); and (c) received copons from B without compensation at a non-sopon site (hereinafter referred to as “soponons”); and (d) received copons.

2. Around 01:00 on July 27, 2019, the Defendant purchased philophones after receiving KRW 200,000 from “C” adjacent to “C” located in the sphere of Suwon-si, and purchasing philophones. 0.5 grams.

3. Medication of phiphones.

A. At around 01:30 on July 26, 2019, the Defendant administered phiphones by inserting 0.05g opphones into a one-time injection machine and inserting arms.

B. On July 27, 2019, the Defendant: (a) 3-a) 0.05g gramphones from E nearby telephones located in the sphere of Suwon-si, Suwon-si;

Medication was administered in the same manner as described in the paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Results of simplified reagents tests;

1. Each investigation report (No. 21,26, No. 29 of the evidence list);

1. Report on internal investigation - Attachment to a list of 112 reported cases;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (report on the confirmation of criminal records of the same kind of suspect);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Circumstances favorable to the reasons for sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [referring to the amount of KRW 200,00 ( = 100,000 for administration once of phiphonephones x 2 times), and the investigation report (calculated report)]: the defendant recognized the crime of this case, and reflects it.

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