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(영문) 서울북부지방법원 2014.02.19 2013고단2077

마약류관리에관한법률위반(향정)

Text

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

The evidence seized shall be forfeited from the criminal defendant.

Reasons

Punishment of the crime

The Defendant, at the Suwon District Court on May 11, 2012, sentenced one year and four months to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc., and was not a person handling narcotics on March 17, 2013, more than six times as well as the completion of the execution of the sentence, and is not a person handling narcotics.

1. Around August 22, 2013, the Defendant purchased a penphone with the price of 700,000 won for psychotropic drugs (one penphone, hereinafter referred to as “philopon”) around the roads near the Guro-gu University Hospital located in Guro-gu Seoul Metropolitan Government, and the Defendant purchased a penphone with C’s 0.9g of philopon.

2. The Defendant shall administer philophones,

(a) around 23:00 on August 8, 2013, in E in Yeongdeungpo-gu Seoul Metropolitan Government D, 0.15g of the phiphonephones purchased as above were dilution with water in a disposable injection machine, and is administered once by means of injection into one’s arms;

B. Around 18:00 on August 25, 2013, at the Defendant’s dwelling place located in Guro-gu Seoul Metropolitan Government F, 0.15g of the phiphones purchased as above were dilution with water in a single-use injection machine, and was administered once by means of injection into one’s arms.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the police statement related H;

1. A written request for appraisal;

1. Police seizure records;

1. Previous records: Criminal records, investigation reports, personal inquiry into confinement, and application of a copy of each judgment to Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (or each choice of imprisonment, etc.) concerning the relevant criminal facts and the selection of punishment;

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 main sentence of Article 67 of the Narcotics Control Act;

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