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(영문) 서울남부지방법원 2015.09.23 2015고단2887
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[2015 Highest 2887] The defendant is not a person handling narcotics.

1. On April 30, 2014, at night, the Defendant received approximately 0.1g of psychotropic drugs, which are psychotropic drugs contained in D, one-time in the parking lot behind the building located in Nam-gu Incheon Metropolitan City, and received them without compensation.

2. On April 30, 2014, the Defendant: (a) received 0.1g of philopon from D at night, as described in paragraph 1, at the parking lot behind the building located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon; (b) dumped philopon into a single-use injection machine; and (c) injected it into the arms.

[2015 Highest 3208] The Defendant is not a narcotics handler.

On April 14, 2015, at around 14:00, the Defendant injected 0.03g of psychotropic drugs delivered from D, around April 2014, at the office of “F” located in Nam-gu Incheon Metropolitan City E, and administered them in a way of injection with the Defendant’s arms using a disposable injection device.

Summary of Evidence

[2015 Highest 2887]

1. Defendant's legal statement;

1. A copy of the protocol of suspect interrogation (three times) concerning D;

1. Defendant's legal statement;

1. Application of the relevant Acts and subordinate statutes to a written appraisal (90 pages of investigation records);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. The punishment of violation of the Act on the Control of Narcotics, Etc. (compacting) by the scope of the recommended sentence on the sentencing guidelines, the scope of the sentence, the number ofphones, etc. shall be sentenced to 8 months to 1 year and 6 months.

Items c) and c.

The term "special mitigation factors" means 10 months to 2 years from 10 months from 10 months from 2 years from 10 years from 2 years from 2 years from 10 years from 10 years from 2 years from 2 years from chophone medication.

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