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(영문) 대전지방법원 2014.11.28 2013고단4996

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for two years.

Seized evidence No. 1 shall be confiscated.

280,000 won from the defendant.

Reasons

Punishment of the crime

On November 28, 2012, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at Daejeon District Court on November 28, 201, and completed the execution of the sentence on June 9, 2013.

The defendant is not a person handling narcotics.

1. Around June 15, 2013, the Defendant purchased approximately KRW 0.5g of psychotropic drugs from C, which was known to the correctional institution, in the rocketing car parked near the Gangseo-gu Busan Metropolitan Government 2, 2350 Kimhae Airport, for approximately 4.5g of psychotropic drugs.

2. On the same day, the Defendant injected approximately 0.03g of philophonephones purchased at the mid-gu World Trade Organization, Daejeon, Daejeon, by inserting approximately 0.03g in a single-use injection machine, and promptly melting the birth, and then administering them in one’s arms.

3. On June 17, 2013, around 14:30, the Defendant kept approximately 0.18g of the philopon purchased in front of the Seo-gu Daejeon D apartment 103, Seo-gu, Daejeon, and possessed them in his/her own machine.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. Each police seizure report and seizure list;

1. Requests for each appraisal;

1. Each investigation report (No. 1819 No. 1819);

1. Application of Acts and subordinate statutes to inquiries, such as criminal records;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. through which the relevant Article of the Act on the Punishment of Criminal Facts and the Selection of Punishment is Applicable.

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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [Scope of Recommendation] : Narcotics Crime Group, Trade, good offices, etc. (Type 2), aggravating area, one year and six months to six years [Application of multiple criminal processing standards] imprisonment, one year and six months from six months to six months (decision of sentence] imprisonment, five years of imprisonment, one time of suspension of the same execution, and one time of fine.