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(영문) 서울서부지방법원 2013.10.24 2013고단2194

마약류관리에관한법률위반(향정)

Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive;

3...

Reasons

Punishment of the crime

Notwithstanding the absence of a person handling narcotics, the Defendant handled the Mespopic amba (one philopon; hereinafter referred to as “philopon”).

1. At around 14:00 on February 18, 2013, the Defendant placed about 0.05g of clophonephones cut from his name in the parking lot for new SM5-type apartment complexes located in Manan-gu, Manan-gu, Manan-si, Manan-si, and administered them by means of dilutioning them into his left arms in a single-use injection machine, after dilutioning them with the number of distilled water.

2. The Defendant administered approximately 0.05g of 0.05 pononononomphones at the time, time, and at the same place as above 1, in the manner as above 1.

3. At around 14:30 on the same day, the Defendant purchased 70,000 won of philopon from a person who was parked in the front of the said D Station and 0.6g of philopon, which is contained in a disposable injection machine, within the same passenger car as the above paragraph 1, which was parked in front of the D Station.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Application of Acts and subordinate statutes to photographs and narcotics appraisal reports;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. and the selection of a sentence concerning the relevant criminal facts and the selection of imprisonment;

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 fact that a person surrenders himself/herself, the fact that he/she does not go again, and the fact that there is no other occupation than the previous offense of a fine);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;