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(영문) 서울중앙지방법원 2014.12.11 2014고단7470

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

400,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On October 10, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Suwon District Court, and completed the execution of the sentence at the Suwon Detention House on January 5, 2014.

The defendant is not a person handling narcotics.

1. On June 18, 2014, the Defendant sold psychotropic drugs, Mesophopon (hereinafter “philopon”), around 18:00, the second floor of E commercial buildings located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul and approximately 200,000 won from F and 0.3g of philopon contained in F in a disposable injection machine.

Accordingly, the defendant sold approximately 0.3g 200,000 won to F.

2. Medication of phiphones.

A. On September 27, 2014, around 18:00, the Defendant injected approximately 0.05g of philopon into the Defendant’s house at the Seoul Special Metropolitan City, Nowon-gu G published District, 401, and 0.05g of philopon into a single-use injection machine, and melted the aquatic life as soon as possible, for his arms.

Accordingly, the Defendant administered philophones.

B. At around 20:00 on September 27, 2014, the Defendant injected approximately 0.05g of philopon into a single-use injection machine, melting the birth water as soon as possible, and injected it into his arms.

Accordingly, the Defendant administered philophones.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each prosecutor's protocol of suspect examination of the accused (including F's statement);

1. Each statement made to the F;

1. Records of seizure and the list of seizure;

1. Results of prisoner search;

1. Investigation report (the preliminary test results of narcotics);

1. The results of the preliminary test for narcotics;

1. An inquiry report, such as a criminal history;

1. Investigation report (verification of the date of release and confirmation of crimes during the period of repeated offense);

1. Application of Acts and subordinate statutes to investigation reports (the current price of Meptamba);

1. The choice of imprisonment or imprisonment under Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. of Specific Crimes;

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. Collection;