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(영문) 서울북부지방법원 2014.02.19 2013고단2096

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

340,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On June 13, 2012, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Suwon District Court on June 13, 2012, and was sentenced to more than five times for the same crime in addition to the completion of the enforcement of the sentence on February 19, 2013, and was not a person handling narcotics.

1. The Defendant with respect to C,

A. At around 20:00 on August 2, 2013, at the vicinity of the Defendant’s residence located in Suwon-si D, and C free of charge, the amount equivalent to 0.3g of psychotropic drugs-related mailponers (one penphone; hereinafter the same shall apply) from C;

B. At around 19:00 on August 25, 2013, around the above Defendant’s residence, 0.08 grams amounting to 0.08g of clophones, as above, in a single-use diversing machine, and divers were administered in a way of injection into his arms.

2. At around August 23, 2013, the Defendant: (a) injected the part related to E and F into water in the H inns located in Yeongdeungpo-gu Seoul Metropolitan Government, and 0.1g of the philophonephone, E, in a single-use injection machine, and administered the part in a way of injection into his arms.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The statement of each part of the protocol concerning the examination of the accused by the prosecution (including the part concerning the statement of the E);

1. Copy of the protocol concerning the examination of suspect C by the prosecution;

1. Statements concerning F among copies of the police interrogation protocol concerning E;

1. Statement of the police statement concerning F;

1. A written request for appraisal;

1. Previous convictions: Criminal records, investigation reports, personal inquiry, application of a copy of each judgment, and the application of Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (or each choice of imprisonment, etc.) concerning the relevant criminal facts and the selection of punishment;

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. The proviso to Article 67 of the Narcotics Control Act;