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(영문) 서울남부지방법원 2014.04.16 2014고단582

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On June 2013, the Defendant: (a) inserted approximately 0.05g of psychotropic drugs in a disposable injection machine at a toilet for the Defendant’s residence of Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, 1B02 (hereinafter “clophone”); (b) injected clophones by injecting approximately 0.05g of psychotropic drugs into a single injection machine; and (c) injection of clophones into one’s arms, melting them as soon as their life.

2. Around February 7, 2014, the Defendant administered phiphones by inserting approximately 0.05 grams in a one-time coos vehicle parked in the said C-building parking lot, melting 0.05g of coophones into one-time coos, melting their arms as soon as living, and injection them into one’s arms.

3. On February 17, 2014, at around 23:20, the Defendant kept 0.79gg of marijuana for the purpose of smoking marijuana in the Defendant’s residence located in the building above C, and carried marijuana by keeping it in the between the ecuasc vehicles parked in the vicinity of the said residence, while keeping 0.2g of marijuana at the between the ecuasc vehicles parked in the vicinity of the said residence.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each protocol and list of seizure;

1. Requests for appraisal;

1. Application of the Acts and subordinate statutes accompanying narcotics monthly trends;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) (Article 2 subparag. 3 (b) (Article 61 (1) 4 and (b) and Article 61 (1) 4 and (a), Article 3 subparag. 10 (b) and (a) (Article 60 (1) 2, Article 4 (1) 1, and Article 2 subparag. 3 (b) (Article 61 (1) of the Act on the Control of Narcotics,

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

1. Reasons for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc.;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crimes (popon medication) (Determination of types), medication of narcotics, simple possession, etc.;

Items c) and c.

Title, etc. [Scope of Recommendation] 10 months - 2 years (Basic Area)

(b) Handling multiple crimes (1) Handphone medication.

(2) Narcotics in possession of marijuana for the purpose of smoking (determination of types).