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(영문) 의정부지방법원 2014.08.19 2013고단2865

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

One subdivision of seized philophones (No. 6), seven injection equipment and subdivisions.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics, but shall not purchase or administer narcotics or psychotropic drugs.

1. Around 12:00 on May 20, 2013, the Defendant issued KRW 300,000 to C in the vicinity of the Dobong-gu Seoul Metropolitan Government Office, and purchased approximately two grams of psychotropic drugs Mepters (i.e., one philopon; hereinafter referred to as “philopon”).

2. On May 20, 2013, the Defendant, at around 14:00, contained 0.1g of philophones purchased as the same as the preceding paragraph in the Defendant’s dwelling room in Seongbuk-gu Seoul Metropolitan Government, as tap water and injected them into the Defendant’s arms blood cells, and administered them.

Summary of Evidence

1. Statement of the defendant in the third protocol of trial;

1. Seizure records;

1. Investigation reports (Attachment of seized photographs, such as philophonephones), investigation reports (report on the market price of mert cancers);

1. Reporting on confirmation of an excursion ship as a result of basin appraisal;

1. Application of the Acts and subordinate statutes notifying the results of appraisal of narcotics;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Protection of Narcotics, Etc., and Selection of Imprisonment with prison labor concerning facts constituting an offense;

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the amount of additional collection = KRW 60,000 won = KRW 60,000,00 not seized, out of approximately 2 grams of 0.4g of philophones purchased at approximately 300,00 won [the scope of recommending punishment] [the scope of recommending punishment] medication, simple possession, etc., and there is no basic area [10 to 2 years] [the decision of sentencing] [10-2 years] of the basic area (one hundred-two years] [the decision of sentencing] of the Act on the Control of Narcotics, etc. (the decision of sentence] reflects in depth by recognizing the defendant's mistake, and there is a favorable condition for the defendant to assist in the investigation of other cases by the investigative agency, but the defendant committed the crime of this case