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(영문) 전주지방법원 2013.04.04 2013고단775

마약류관리에관한법률위반(향정)

Text

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

The evidence seized shall be confiscated from the accused.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. At around 14:00 on February 18, 2013, the Defendant injected approximately 0.1g of psychotropic drugs, which are psychotropic drugs contained in the single-use injection machine, at the inside of the Defendant’s residence located in the N of the front city in the front city, by dilution them with raw water, and injected them into the blood banks.

2. At around 17:35 on February 19, 2013, the Defendant: (a) carried approximately 0.57 gram-phones contained in the single-use injection machine around the Defendant’s residence located in N in the front of the Defendant’s residence in the front of the said dwelling area; (b) around that time, the Defendant carried approximately 0.33 gram-phones contained in the front in the front of the said dwelling area; (c) approximately 0.07 gram-phones contained in the single-use injection machine; and (d) approximately 1.03 gram-phones, such as 0.63 gram-phones contained in the part of the Defendant’s diving.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of an interrogation protocol of the prosecution against theO;

1. Seizure record and list;

1. Application of Acts and subordinate statutes to a request for appraisal, report on investigation (report on the market price of phiphonephones);

1. Article 60 (1) 2 and Article 4 (1) 1 (the point of administration and possession of penphonephones) of the Act on the Management of Narcotics, Etc. and the Selection of Imprisonment with prison 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. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The fact that the defendant has been holding a penphone in order to sell it to another person and the fact that the defendant has not good quality of the crime is the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (as of December 2, 2012, the standard for sentencing of KRW 827,000 (as of December 2, 2012, nearest to the time the judgment was rendered) (as of the judgment), one time before the suspension of execution due to the same kind of crime, and one time before and after imprisonment with prison labor due to the same crime, and that the defendant has been holding a penphone to sell it to another person: Provided, That the defendant has led to the confession and reflect of the crime, the fact that the defendant has lived without any special criminal record after the