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(영문) 서울중앙지방법원 2015.05.28 2015고단910
마약류관리에관한법률위반(향정)
Text

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

Seized evidence 1 to 12 shall be confiscated, respectively.

From the defendant, 200.

Reasons

Punishment of the crime

[Attachment] On April 25, 2013, the Defendant was sentenced to eight months of imprisonment with labor for a violation of the Narcotics Control Act at the Seoul Central District Court on April 25, 2013, and completed the execution of the sentence on November 3, 2013.

【Criminal Facts】

Even if the Defendant is not a narcotics handler, the Defendant handled the psychotropic drugs-related Mepters (hereinafter referred to as the “clopon”) and stroke-types as follows:

1. The Defendant, around July 13, 2014, inserted approximately 0.03g of clophones into a single-use injection machine from KMobel 203 in Songpa-gu Seoul, Songpa-gu, Seoul, and melted them into the Defendant’s arms.

Accordingly, the Defendant administered philophones.

2. The Defendant, around February 2, 2015, inserted approximately 0.03g of philopon into a single-use folder, melted as water, and injected into the Defendant’s arms.

Accordingly, the Defendant administered philophones.

3. At around 03:00 on February 4, 2015, the Defendant, at the place specified above 2.2. (hereinafter “stroke-m”), ethylis of the ingredients by stroke-m (hereinafter “stroke-m”) together with water.

Accordingly, the Defendant administered a stroke method.

4. On February 4, 2015, the Defendant: (a) around 17:37, at the place specified above 2.2. (b) around the line for clothing storage, the Defendant had a single-use injection device melting water in the upper half of the line with a philopon in the upper part; and (b) 10 (c) stroke on the television.

Accordingly, the defendant possessed a penphone or strokem.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Records of seizure and the list of seizure;

1. Each written appraisal;

1. The scene of seizure and photographs of seized articles;

1. Each investigation report (suspect A's maternity response and calculation of additional collection charges) and monthly trends of narcotics;

1. Criminal records: Reference letters, written judgments, application of Acts and subordinate statutes concerning personal identification and confinement conditions;

1. Article 60 (1) 2, Article 61 (1) 5, and Article 4 (1) 1 and Article 2 of the Act on the Management of Narcotics, Etc., for which relevant criminal facts and the choice of punishment are applicable;

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