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(영문) 수원지방법원 안양지원 2017.06.16 2017고단648
마약류관리에관한법률위반(향정)
Text

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

280,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal record] On October 21, 2015, the Defendant was sentenced to one year of imprisonment for a violation of the Narcotics Control Act (compact) in this court, and completed the execution of the sentence on September 3, 2016.

[Criminal facts] The Defendant is not a narcotics handler

1. On December 25, 2016, the Defendant, at around 03:00, provided D’s house located in Bupyeong-gu Incheon Metropolitan City Bupyeong-gu, D with approximately 0.15g g of the crophones (one philopon; hereinafter “philopon”) to D without compensation, and received and delivered the rophones.

2. On February 15, 2017, the Defendant: (a) 21:00 on a day before the oil station in front of the oil station in which the trade name located in the transmission of the Seocheon-si, Seocheon-si is unknown; (b) 0.3g of philopon on the day around which the Defendant: (c) sold the philopon with D’s purchase price of KRW 85,000 from D at the “E” restaurant near the D’s house as indicated in the foregoing paragraph 1.

3. On April 13, 2017, the Defendant administered philophones by inserting approximately 0.05g of philophones into a single-use injection machine at his dwelling toilet located in Nam-gu Incheon Metropolitan City, Nam-gu, and 101, and treating philophones into hand by dilution them with water.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police against D;

1. Ratification;

1. Reporting on the calculation of additional collection charges;

1. Photographs of the results of simplified reagents;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and an investigation report (verification of the same kind of force, such as repeated power);

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., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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 aggravated area (a year and six months of imprisonment) of the proviso to Article 67 of the Act on the Control of Narcotics, Etc. is two types (b) of the Act on the Control of Narcotics, Etc. due to the receipt and sale of phiphonephones, violation of the Act on the Control of Narcotics, Etc. (f) due to the receipt and sale of phiphonephones).

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