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(영문) 서울서부지방법원 2013.12.05 2013고단2540

마약류관리에관한법률위반(향정)

Text

1. The defendant shall be punished by imprisonment for six months;

2. The defendant shall be additionally collected 100,000 won.

Reasons

Punishment of the crime

On February 5, 2009, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Tourism Promotion Act at the Seoul Central District Court on February 5, 2009, and on December 20, 2010, the Defendant dealt with psychotropic drugs-related Mesofts (hereinafter “Mesophopon”), even though there is no person handling narcotics.

Criminal facts

On September 14, 2013, at around 00:30, the Defendant: (a) dumped the bomb in Yongsan-gu Seoul Metropolitan City, with approximately 0.05g of philopon, which is contained in a single-use dump, from a person without his name (one name C), and 0.05g of philopon in a single-use dump; (b) dilution the aquatic water into the Defendant’s house located in Jung-gu Seoul Metropolitan Government, and administered the aquatic water by means of injection to the Defendant’s left arms bloodline.

Summary of Evidence

1. Defendant's legal statement;

1. An explanatory note;

1. Statement of E;

1. A report on investigation;

1. Previous records: Application of Acts and subordinate statutes regarding personal identification and criminal records;

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. and selection of imprisonment with labor for an offense under the relevant Act;

1. Article 35 of the Criminal Act among repeated crimes;

1. The reason for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. is to take into account the following factors: (a) the Defendant acknowledges and reflects his mistake; (b) the Defendant was the first criminal record of narcotics; and (c) the Defendant committed the instant crime during the