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(영문) 서울동부지방법원 2014.03.18 2013고단14

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for six months.

90,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

In the Daegu District Court on June 10, 2009, the Defendant was sentenced to one year and six months for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence in the Daejeon Correctional Institution on August 8, 2010. On February 17, 2012, the Defendant was sentenced to imprisonment with prison labor and three years and six months for the same crime in the same court on July 3, 2012, and was under treatment on December 5, 2012 after the said judgment became final and conclusive, and was subject to a decision to suspend the execution of sentence on December 5, 2012, and was not a person handling narcotics.

1. On October 27, 2011, the Defendant, upon receipt of the decision to suspend detention and released from the Daegu District Court, issued approximately 0.2 g of psychotropic drugs to B, on March 5, 2012, from the front side of the community credit cooperatives in his/her salary-dong, Daegu-gu, Seoul-gu, on the 19:00, approximately 0.2g of psychotropic drugs.

2. On May 13, 2012, at around 23:00, the Defendant paid KRW 400,000,000 to C in front of a gas station in which it is impossible to identify the trade name near the Sejong-gu Daegu-dong, and purchased and sold a 0.2g philopon to C.

3. On June 2012, the Defendant received KRW 200,000 from the frontway of the above gas station, and traded approximately 0.1g of the penphone to C.

4. Around 01:00 on June 26, 2012, the Defendant injected approximately 0.1g of philophones into a single-use injection machine at the Mourel room where it is impossible to identify the trade name located in the Daegu hydro-gu 2ndic acid, and injected them with water, after dilution them with water.

Summary of Evidence

1. Each protocol concerning the examination of the suspect against the defendant;

1. Protocol concerning the examination of each police suspect with regard to C and B;

1. Each report on investigation;

1. Test results and replys to requests for appraisal;

1. Previous convictions in judgment: The application of Acts and subordinate statutes concerning inquiry reports, written judgments, and current status of personal identification and confinement;

1. Article 60(1)3 and Articles 4(1) and 2 subparag. 4(b) of the Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 2011; Act No. 1135, Jun. 8, 2012); and