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(영문) 서울동부지방법원 2013.06.13 2013고단961

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than eight months.

50,000 won shall be additionally collected from the defendant.

Reasons

Criminal facts

On February 27, 2009, the Defendant was sentenced to one year of imprisonment for special larceny and acquisition of stolen property in the Sungnam Branch of Suwon District Court for the crime of larceny and acquisition of stolen property, and completed the execution of the sentence in the port prison on October 26, 2009, and is not a person handling narcotics.

The Defendant, along with C (C, 10 months of imprisonment with prison labor on April 12, 2013), conspired to purchase and administer psychotropic drugs-related psychotropic drugs-related cameras (one philopon; hereinafter “philopon”).

1. On May 1, 2012, the Defendant purchased and sold 100,000 won of the price collected from F Bank near the Equare in Daegu-gu, Seo-gu, and 50,000 won, respectively, from G, by receiving approximately 0.2 gramopon from galopon to G.

2. The Defendant, around the same day, parked on the street near Daegu Jung-gu Northbuk-ro around the same day, divided approximately 0.2 gramphones purchased with C into two for a single-time injection machine and injected with water, and administered phiphones by injecting them into each of the following arms.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol concerning the examination of suspect C by the prosecution;

1. Details of each currency, criminal records, data for confirmation of repeated crimes, and application of statutes attached to judgments on the same kind of crime;

1. Article 60 (1) 3 and Articles 4 (1) and 2 subparagraph 4 (b) of the Act on the elective Management of Narcotics, Etc. (amended by Act No. 10786; hereinafter the same shall apply) concerning criminal facts;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. In light of the fact that the Defendant had been sentenced to a concurrent sentence for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. and was sentenced to a fine of three million won due to the administration of phiphonephones in 2008, and the Defendant again committed the instant crime during the period of repeated crimes after being sentenced to imprisonment with prison labor for a year due to special larceny, etc.