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(영문) 서울중앙지방법원 2014.05.22 2014고단1490

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

300,000 won shall be additionally collected from the defendant.

The provisional payment of the amount equivalent to the above additional charges shall be made.

Reasons

Punishment of the crime

On June 11, 2010, the Defendant is not a person handling narcotics, who was sentenced to imprisonment for a violation of the Act on the Control of Narcotics, etc. in Busan District Court’s Branch Branch, and was sentenced to two years and six months on October 9, 2012.

1. On January 1, 2014, around 02:00, the Defendant: (a) parked on the Drineral road of Songpa-gu, Songpa-gu, Seoul Olympic Games; (b) divided approximately 0.1g of oponon with C into two for a single-time injection machine; (c) melted one out of the injection machine for C; and (d) injected one for the remaining injection machine for the Defendant’s arms.

Accordingly, the Defendant conspired with C to administer philophones.

2. On February 2, 2014, the Defendant drank approximately 0.05g flickphone at the F convenience store near E Station located in Gwanak-gu in Seoul Special Metropolitan City, the lower court dump in the can coffee.

Accordingly, the Defendant administered philophones.

3. On March 4, 2014, the Defendant drank approximately 0.05 g of philopon into a coffee room in which the trade name in the new wall, Gwanak-gu, Seoul Special Metropolitan City, cannot be known.

Accordingly, the Defendant administered philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Notification of the results of appraisal of narcotics;

1. Application of Acts and subordinate statutes to a criminal investigation report (written judgment, confirmation of the date of release, and the price list of narcotics transaction);

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts, and Article 30 of the Criminal Act;

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 proviso to Article 67 of the Narcotics Control Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order (the scope of recommendation), medication, simple possession, etc. is final due to the aggravation of multiple crimes (one to three years) in the aggravated area (one year and one year and three years), of the same criminal records (not more than three years of suspended execution).