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(영문) 인천지방법원 2013.06.19 2013고단1726

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. The Defendant, around the first night of June 2012, 206 and 603 of the Gangnam-gu Seoul Metropolitan Government apartment building B, containing approximately 0.03 g of psychotropic drugs in the Mesofta (i.e., one philopon; hereinafter referred to as “philopon”), dilution with water, and caused C to injection into the Defendant’s arms in the Defendant’s arms, and administered the said apartment by having D injection into the Defendant’s arms in the above way as above at the end of the next day.

2. Around June 2012, the Defendant purchased approximately KRW 60ml 80,000,000 psychotropic drugs from Gangnam-gu Seoul E 302, and administered them over 3 to 4 hours using the injection device.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of examination of suspect regarding F by the prosecution;

1. Each prosecutor's statement with respect to D and C (including copies thereof);

1. Each request for appraisal;

1. Application of Acts and subordinate statutes to investigation reports (verification of the market price and calculation of additional collection charges), investigation reports (verification of the market price of propool and calculation of additional collection charges);

1. Article 60 (1) 2, Article 4 (1), subparagraph 3 (b) of Article 2 (Article 61), Article 61 (1) 5, and Article 4 (1) and subparagraph 3 (d) of Article 2 of the Act on the Control of Narcotics, Etc. and Selection of Imprisonment with labor for a crime;

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

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The defendant's reason for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [1 million won for calculation = 200,000 won for a crime of this case (1 time average nationwide price of 100,000 won for medication x 2 times)] of the Act on the Control of Narcotics, etc. subject to Additional Collection (2) 80,000 won for calculation.