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(영문) 서울동부지방법원 2013.11.21 2013고단2593

마약류관리에관한법률위반(향정)

Text

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

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

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On January 22, 2012, around 22:00, the Defendant purchased and sold a philopon by hanging KRW 300,000,00 in the name of the purchase price for psychotropic drugs in Yeonsu-gu Incheon, Yeonsu-gu, Incheon (hereinafter “clopon”) Melopon (hereinafter “copon”) from D, and giving approximately 0.4g of a philopon in the single-use injection machine.

2. On October 21, 2013, at the office of the Defendant located in Jung-gu Incheon Metropolitan City, the Defendant administered phiphonephones by inserting approximately 0.05g phiphones into a single-use injection machine, dilution with water and injection into his own arms.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement made by each prosecutor's office with regard to D;

1. Application of Acts and subordinate statutes to telephone verification reports, and reports on the market trend of narcotics, etc. as a result of telephone statements and sub-assessment;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) The point of sale: Articles 60(1)3 and 4(1) and 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 10786, Jun. 7, 2011);

(b) The point of medication: Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc.;

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;

1. Probation, order to provide community service and attend lectures, Article 62-2 (1) of the Criminal Act;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is that the defendant was sentenced to one year from July 24, 2002 by the Incheon District Court to a violation of the Act on the Control of Narcotics, Etc. (hereinafter referred to as the "Act on the Control of Narcotics, etc."), the fact that the defendant does not block the same criminal conduct after he was sentenced to one year from his imprisonment, the fact that the defendant repents his wrong facts, that the defendant should transplant the defendant's aggregates to his her relatives who are suffering from blood cancer, and that the defendant