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(영문) 의정부지방법원 2013.07.11 2013고단1336

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for six months.

395,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

No defendant shall possess, deliver, administer, administer, etc. narcotics or psychotropic drugs because he is not a person handling narcotics.

1. On February 19, 2013, the Defendant received approximately 0.4g of psychotropic drugs, E, psychotropic drugs, from E, and received them, at a restaurant where it is impossible to identify the name of Drout or nearby Drout in Seongbuk-gu Seoul Metropolitan Government, at least 19:00.

2. At around 23:00 on the same day as Paragraph 1, the Defendant administered 0.1g of the penphones received from the Defendant’s residence toilet F 201, which is located in Gangnam-gu Seoul Metropolitan Government, by mixing 0.1g of the penphones, as Paragraph 1, with beer.

3. On February 2, 2013, the Defendant administered a medication by mixing 0.1gg of phiphonephones received at the same place as paragraph (2) with beer, as in paragraph (1), at the same time as paragraph (2).

4. On May 17, 2013, at around 19:00, the Defendant received approximately 0.1g of philopon from E from Hnonode room toilets located in Gangseo-gu Seoul Metropolitan Government, Gangnam-gu, and received it.

5. At around 19:05 on the same day as Paragraph 4, the Defendant administered 0.1g of philophones received in the Hamnode room, such as Paragraph 4, by mixing them with beer.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Copy of the prosecutor's statement concerning E;

1. Certificates of the inspection of small riverines and simplified drugs;

1. Application of Acts and subordinate statutes to investigation reports (report on the current market price of Mesphere);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Act on Criminal Facts (the point of receipt and delivery of each philopon and the point of administration);

1. Selection of each sentence of imprisonment with labor;

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

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the amount to be collected = 395,00 won = the amount to be collected = 0.5 gramsx 790,000 won (retails)) is that the defendant would not repeat again while breaking his mistake in depth, and the defendant has committed the crime after the criminal investigation agency.