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(영문) 서울북부지방법원 2015.09.04 2015고단2331

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

80,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. On January 23, 2015, the Defendant sold a psychotropic drug campon (hereinafter referred to as “camphone”) in total three times from that time until June 13, 2015, from that time, the Defendant received KRW 200,000 from D from the rest area in front of the Dongdaemun-gu Seoul Metropolitan Government Office Officetel, and sold approximately 0.25 gram-phones contained in D in the disposable injection machine, from that time until June 13, 2015.

2. Medication of phiphones.

A. On June 25, 2015, the Defendant, at around 01:35, containing approximately 0.05g of oponononon in a single-use male toilet located in Gwangjin-gu Seoul Special Metropolitan City E for the first-use use, dilution with raw water, and administered them by means of injection into the Defendant’s arms blood cells;

B. On June 29, 2015, the Defendant, at around 20:00, inserted approximately 0.05g of opononon in the male toilet of the building near Seongdong-gu Seoul Metropolitan Government for once in a single-use injection machine, dilution with the growth water, and administered it by means of injection to the Defendant’s arms blood cells.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol concerning suspect examination of D; and

1. CCTV photographs and photographs seized in officetels;

1. Written replys (in response to a request for testimony and appraisal with the State of a lawsuit);

1. Application of Acts and subordinate statutes to the investigative report (report on investigation results);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) (the point of sale and medication of phiphonephones) of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts, and choice of imprisonment with prison labor;

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

1. Second crimes for which no basic area (1 to 2 years) (1 to 1) of types 2 (1 to 2 of the Act on the Control of Narcotics, Etc.) (1 to 2 of the Act on the Control of Narcotics, Etc.) (1 to 2 of the Act on the Control of Narcotics, Etc.) (1 to 2 of the Act on the Control of Narcotics, Etc.) (1 to 2 of the Act on the Control of Narcotics, Etc.) (1 to 2 of the basic area (1 year (1 to 2 of the Act on the Control of Narcotics, etc.) of sentencing (1 to 2 of the Act on the Control of Narcotics, etc.) (2 of the Act on the Control of Narcotics, etc