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(영문) 광주지방법원 2014.04.03 2013고단5357

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for a term of one year and three months.

The evidence seized shall be confiscated from the accused.

Reasons

Punishment of the crime

[Criminal Power] On October 18, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Changwon District Court on September 2, 2013, and completed the execution of the sentence.

【Criminal Facts】

The Defendant, who is not a person handling narcotics, did not handle a psychotropic drug clockic clockic clockic clockic clockic clockic clockic clocks as follows.

1. On November 11, 2013, the Defendant administered philophones by inserting 0.03g of philophones at the Defendant’s residence located in Jinju-si, one-time injection machine, and administering philophones at the left arms.

2. At around 17:40 on November 12, 2013, the Defendant, who possesses phiphonephones, carried in a manner of keeping in custody the sum of 2.09g of philophones packed with paper, vinyl, etc. in a portable handhouse.

Summary of Evidence

1. Partial statement of the defendant;

1. Seizure records;

1. Questioner’s report on a request for appraisal (urine and philophonephones, hairs);

1. Investigation report (the photographs of a scoponed white body and the result of inspection of small scopon simple reagents);

1. Before judgment: Application of criminal records and investigation reports (verification of the date of final release) Acts and subordinate statutes;

1. Article 60 (1) 2 and Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., for which relevant Article of the Act and the selection of punishment for the crime are applicable;

Bags (Selection of Imprisonment)

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. The main sentence of Article 67 of the Act on the Control of Narcotics;

1. Determination as to the assertion by the defendant and his defense counsel under the proviso of Article 67 of the Act on the Control of Narcotics, etc. (100,000 won at the market price for one-time medication)

1. The summary of the argument is that the Defendant did not possess or have the intention to administer phiphones. The Defendant asked the Defendant to keep phiphones by using personal-friendly relationship that was known to the Defendant before several years to receive compensation.