beta
(영문) 서울북부지방법원 2013.12.12 2013고단2435

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

250,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On January 12, 2012, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on January 12, 2012, and completed the execution of the sentence in the Gwangju Prison on January 14, 2013, and was not a person handling narcotics.

Defendant,

1. On February 8, 2013, at around 17:49: (a) remitted psychotropic drug holders (one philoopopon, one phioponon) to the Agricultural Cooperative Account in the name of D managed by C along with a request to request the delivery of psychotropic drugs; (b) purchase 250,000 won of phiopon from 21:00 to 22:00 of the same day on the roads near the F Station located in Dobong-gu Seoul Metropolitan Government E, and purchase 0.35g of phiopon from C;

2. At around 23:00 on September 18, 2013, the studio in which the Defendant living in Yangcheon-gu Seoul Metropolitan Government G is dilution with water equivalent to 0.12g of the phiphonephones purchased as above with water in a disposable injection machine, and is administered by means of injection in his arms;

3. On September 19, 2013, at around 10:00, the Defendant’s residence: (a) dumped 0.12g of the phiphones purchased as above into water in a single-use injection instrument; and (b) administered them in a way of injection into his arms.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. A copy of the police suspect examination protocol against C; and

1. Report on the results of maternity appraisal and details of account transactions;

1. Investigation report (report on the market price of narcotics);

1. Previous convictions in judgment: The application of criminal records and confinement-related Acts and subordinate statutes;

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. concerning the relevant 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. The criminal defendant shall be punished as a penalty in light of the fact that the criminal defendant for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. has been punished several times for the same crime, and the criminal defendant commits the crime of this case during the period of

(b).