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(영문) 의정부지방법원 2016.09.23 2016고단2167
마약류관리에관한법률위반(향정)등
Text

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

50,123 won shall be additionally collected from the defendant.

As above, the defendant.

Reasons

Punishment of the crime

[Criminal record] On April 11, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (compact) at the Seoul Central District Court on April 11, 2013, and completed the execution of imprisonment with prison labor at Daejeon Prison on January 6, 2014.

[Criminal facts] The Defendant is not a narcotics handler

1. On October 2015, around 20:00, the Defendant received marijuana, by receiving the hemp amount once from F, from the E in front way in Jongno-gu Seoul Metropolitan Government.

2. On November 3, 2015, around 15:00, the Defendant provided marijuana by giving the second floor of the building “H” located in Gangnam-gu Seoul Metropolitan Government G from the stairs of the second floor below the building, and by giving I the same amount of smoking once of the hemp received as described in the foregoing paragraph 1.

3. On January 9, 2016, around 16:00, the Defendant received and administered a local mental medicine by taking the 5th half of the Aarba in the middle of K’s house located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, and by taking three of the three of them as a native mental medicine.

4. From 20:00 to 23:50 on the same day as the above 3rd day to 20:0, Defendant 1 driven a NAM-based car in the direction of approximately 13 km from the route near the “M protocol text” located in Yeongdeungpo-gu Seoul Metropolitan Government L to the front day of the “Raf apartment” located in the Eunpyeong-gu Seoul Metropolitan Newdong to approximately 102 Gaf-dong, while it is unlikely to drive normally due to drugs.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols concerning the interrogation of each police suspect to K, F, and I;

1. Police seizure records;

1. Arrest reports of designated trainees, internal investigation reports (attached to a detailed statement of handling cases reported 112), investigation reports (attached to an appraisal report), investigation reports (execution of an examination by a suspect), investigation reports (report on the market price of narcotics), and investigation reports (calculated as a surcharge);

1. Previous records of judgment: Application of Acts and subordinate statutes after inquiry, such as a report on investigation (Attachment of criminal records A of the same kind of crime), personal identification, records of criminal history, etc.;

1. Article 61(1)6 and Article 4(1) of the Act on the Management of Narcotics, Etc. for the sake of criminal facts and the selective punishment.

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