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(영문) 의정부지방법원 고양지원 2013.08.02 2013고단453

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[criminal record] The Defendant, at the Suwon District Court on August 17, 2010, sentenced one year 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 Suwon Detention Center on December 1, 2010 and 4 times the same criminal records.

【Criminal Facts】

The defendant is not a person handling narcotics.

No person, other than a person handling narcotics, shall possess, possess, use, transport, control, import, import, export, prepare, prepare, administer, administer, administer, give or receive, trade, arrange for trade of, or provide, a psychotropic drug psychotropic drug (hereinafter referred to as "clopon").

1. At around 20:30 on June 201, the Defendant received opon 0.1g of philophones contained in the “D” office located in the Gyeonggi-si Co., Ltd., in the form of a foot, from E, in which the Defendant received opon 0.1g of philophones in the form of a foot.

2. At around 03:00 on March 2013, the Defendant administered philophones by dilutioning 0.1g of philophones into the Defendant’s arms by inserting 0.1g of philophones in a single-use guest room located in Gangnam-gu Seoul Metropolitan Government F.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. E prosecutorial statement;

1. Police seizure records;

1. Temporary test of reagents, and notification of the results of appraisal of narcotics, etc. (urinals and hairs);

1. Previous records: Application of Acts and subordinate statutes to the previous records of disposition, criminal records, investigation reports (the confirmation date of the date of release);

1. Articles 60(1)3, 4(1), and 2 subparag. 4(b) (the point of receipt of a phiphone) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 2011; Act No. 10786, Jun. 8, 2012); Articles 60(1)2, 4(1), and 2 subparag. 3(b) (the point of receipt of a phiphone); Articles 60(1) and 60(1)2, and 4(1) and 2 subparag. 3(b) of the Narcotics Control

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. Article 67 of the Act on the Control of Narcotics, etc.