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(영문) 서울남부지방법원 2014.12.22 2014고단4125

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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. On October 17, 2014, the Defendant: (a) inserted approximately 0.03g of psychotropic drugs purchased from non-expacters known through the Internet, into a single-use injection machine; (b) injected the crophone into one-time injection machine; and (c) injected crophones into one’s arms and flaps; and (d) injected crophones.

2. On October 18, 2014, the Defendant injected approximately 0.03g of philophones into one’s own crophones in the same place, and administered philophones in the same manner.

3. On October 19, 2014, the Defendant injected approximately 0.03g of philophones into one’s own crophones in the same place, and administered philophones in the same manner.

4. On October 23, 2014, the Defendant injected approximately 0.03 g of philopon into his arms and beropon in the same way at the dwelling of Go-ro F, Guro-gu, Seoul, and administered crophones.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to written appraisal;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment with prison labor;

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 (The following factors of sentencing shall be taken into account):

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crimes (popon medication) (Determination of types), medication of narcotics, simple possession, etc.;

Items c) and c.

Title, etc. [Scope of Recommendation] 10 months - 2 years (Basic Area)

(b) The same as the basic crime for concurrent crimes;

(c) Ten months of imprisonment with prison labor for dealing with multiple crimes - Three years and eight months (calculated by summing up one-half of the upper limit of basic crimes and one-third thereof);

2. Sentence;