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(영문) 서울남부지방법원 2015.01.14 2014고단4368

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On February 8, 2012, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Chuncheon District Court on February 8, 2012, and completed the execution of the sentence at the Seoul detention center on June 11, 2012.

Defendant is not a narcotics handler.

1. On May 25, 2014, the Defendant purchased philophones by using approximately 0.5 g of psychotropic drugs, which are psychotropic drugs contained in vinyl C (hereinafter referred to as “prophonephones”), within a number-free car parked in front of D points located in Dong-gu Incheon Metropolitan City, Dong-gu, and 200,000 won in cash, to accomplices E, and purchasing philophones.

2. On June 2014, the Defendant, within the Defendant’s residence of Bupyeong-gu, Incheon, Bupyeong-gu, 201, inserted approximately 0.2gg of the phiphonephones purchased as above in a single-use injection machine, added them into the bridge and administered the phiphones by injecting them into the blood pipe inside the left cover.

3. On October 2014, at the same place as above, the Defendant injected approximately 0.15g of philophones purchased as above into the blood pipe inside his left left part and administered philophones in the same manner.

4. At around 16:00 on October 31, 2014, the Defendant: (a) injected approximately KRW 0.15g of the instant philophones purchased in the same manner with a single-use injection device; and (b) administered philophones on the part of the Defendant’s left part of the philophones in the same manner.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of police statement of E; and

1. A written appraisal;

1. Previous records: Application of the Acts and subordinate statutes concerning inquiry reports, such as criminal records, and personal identification and confinement status;

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., concerning facts constituting an offense, and the choice of imprisonment with prison labor;

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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. The sentencing criteria shall be;