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(영문) 수원지방법원 2013.11.20 2013고단3717

마약류관리에관한법률위반(향정)

Text

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

400,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On May 20, 2010, the Defendant sentenced 1 year and 2 months to imprisonment for a violation of the Act on the Control of Narcotics, etc. at the Jung-gu District Court on May 20, 201, and completed the execution of the sentence in the Ansan Prison on November 17, 2010.

【Criminal Facts】

Even if the Defendant is not a person handling narcotics,

1. On June 2, 2013, at around 01:30 on June 2, 2013, the Defendant’s vehicle parked in the road near the Nam-gu Incheon Metropolitan City, demanding D to seek a psychotropic drug campacter (hereinafter “camopon”) from D in the name of the purchase price of the camopon, along with a request for camopon, and purchased approximately 400,000 won in the name of the purchase price of the camopon at the above place at around 02:30 on the same day;

2. Medication, at the same date and time as paragraph 1, in two disposable injection devices together with D with approximately 0.05 gopon and dilution with raw water, in such a manner as to injecting them into the blood cells of each of the following persons:

3. On June 2013, Habman containing approximately 0.1g of philopon in a single-use guest room near the Southern-gu Incheon Metropolitan City, and administering them by means of injection into the arms bloodline after dilutioning with raw water, at the guest room near the Nam-gu Incheon Metropolitan City.

4. Medication approximately 0.1g of philophones at the guest room near the Southern-gu Incheon Metropolitan City, Incheon, in the same manner as the preceding paragraph, from the beginning of July 2013;

5. On July 2013, 2013, Police Officers administered approximately 0.1g of philopon at the guest room near the Namdong-gu Incheon Metropolitan City, in the same manner as that of the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning D;

1. Notification of the results of appraisal of narcotics;

1. Previous convictions in judgment: Application of each investigation report (No. 11, 13) and each investigation report (No. 11, 13) to the Acts and subordinate statutes;

1. Relevant legal provisions and Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) (the point of purchase and medication of phiphones) of the Act on the Control of Narcotics, Etc. and the Selection of Imprisonment with prison labor for each crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.