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(영문) 광주지방법원 2013.04.18 2013고단372

마약류관리에관한법률위반(향정)

Text

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

30,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. At around 00:40 on September 20, 2012, the Defendant requested C to seek 300,000 won a psychotropic drug c-pamper (hereinafter “c-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

2. Medication of phiphones.

A. On September 2012, the Defendant: (a) put approximately 0.03g of philophones received as indicated in the foregoing paragraph 1 into a single-use injection machine; (b) recorded clophones into a single-use injection device; and (c) administered philophones in a way of injecting them into a left part of blood cells.

B. Around 21:00 on January 15, 2013, the Defendant administered a phiphone in a way of inserting approximately 0.03g of phiphones delivered as set out in the above 1.3g in coffee, which was parked on the road front of the convenience store of the Kgymna, which is located at the jurisdiction of the Singu, by inserting them into a coffee.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect C by the prosecution;

1. Statement of the police statement of M;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc., concerning the relevant criminal facts and the selection of punishment;

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

1. Although the reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. is the confession and reflect on the instant crime, the fact that the Defendant committed the instant crime in the light of the fact that he/she was already punished by a multiple sentence for the same kind of crime, and that he/she committed the instant crime, it is a question whether he/she committed the instant crime seriously, and the degree of punishment for the same kind of crime, etc.