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(영문) 서울서부지방법원 2013.03.28 2012고단2320

마약류관리에관한법률위반(향정)

Text

1. The defendant shall be punished by imprisonment for one year;

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

Even if the Defendant is not a narcotics handler, he dealt with the psychotropic drugs-related Mespopon (one philopon, hereinafter referred to as “philopon”) as follows:

1. Around 00:40 on September 14, 2012, the Defendant purchased 400,000 won for 00,000 won for 00,000 won for 00,000 won for 00,000 won for clopphones (0.1g for copons) located near the Seoul Central-gu D.

2. At around 01:00 on the same day as the preceding paragraph, the Defendant injected approximately 0.05 grams into the Defendant’s house located in Jung-gu Seoul Jung-gu G 101, and 0.05g philopon into a single-time injection machine, dilution with aquatic dilution, and administered the left clip clibs.

3. The Defendant administered approximately 0.05 grams at the home of the above Defendant at around 08:30 on the same day as the preceding paragraph, and administered approximately 0.05 grams in the above manner.

4. On November 6, 2012, at around 20:00, the Defendant purchased approximately 0.9g of philophones contained in D (B) of Seoul Jung-gu, Seoul, and two disposable injection equipment from F (F) for KRW 700,000.

5. The Defendant administered approximately 0.05 grams in the Defendant’s residence at around 21:00 on the same day as the preceding paragraph in the foregoing manner.

6. At around 16:05 on November 7, 2012, the Defendant possessed a total of 0.85 grams, including approximately 0.7 grams of philophones contained in a disposable injection machine and approximately 0.15 grams of philophones contained in a paper.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of the police statement to I;

1. Protocols of seizure, list of seizure, and photographs of seized articles;

1. Each report on investigation;

1. Application of Acts and subordinate statutes of response to requests for appraisal with the State;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. (Selection of Imprisonment) concerning the crimes under the corresponding Act on the Control of Narcotics, etc.;

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;

1. Article 62-2 of the Criminal Act on community service order;

1. The main sentence of Article 67 of the Narcotics Control Act;

1. The Act on the Control of Narcotics;