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(영문) 서울중앙지방법원 2013.11.21 2013고단6339
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 4 shall be confiscated.

30,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On September 12, 2012, the Defendant sentenced ten months to imprisonment for a violation of the Narcotics Control Act at the Incheon District Court on September 12, 2012, and completed the execution of the sentence on January 9, 2013.

【Criminal Facts】

Even if the Defendant is not a person handling narcotics, he handled the psychotropic drugs-related Megacule (one philopon; hereinafter “philopon”) as follows:

1. On September 30, 2013, the Defendant administered philophones by inserting approximately 0.05 gopon at DMoel located in Namdong-gu Incheon Metropolitan City, a single-use injection machine, melting 0.05 gopon as soon as possible, and administering philophones into his arms.

2. On October 1, 2013, the Defendant administered philophones by inserting approximately 0.05 ghon on a disposable injection machine in Namdong-gu Incheon Metropolitan City, melting crophones rapidly, and melting crophones into his arms.

3. At around 21:00 on October 4, 2013, the Defendant administered phiphones by inserting approximately 0.05g of philophones in the single-use popon at the conference located in Bupyeong-gu Incheon Bupyeong-gu, Incheon, and melting raw water as soon as possible, and administering phiphones into his arms.

4. Around 03:00 on October 5, 2013, the Defendant possessed approximately 0.5g of a philophone 0.5g, scopon, enclosed-dong 1726 Seocho-gu, Seocho-gu, Seocho-gu, Seocho-gu, Seoul, in a strong2 team office of Seocho-gu, Seocho-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. Each investigation report (No. 8, 9, 16, 18 of the evidence list);

1. Written appraisal of narcotics;

1. Photographs of seized articles;

1. Application of statutes concerning criminal records;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 4 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts;

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

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

1. Confiscation under Article 48 (1) 1 of the Criminal Act, the main sentence of Article 67 of the Narcotics Control Act;

1. The two-type oil in the proviso to Article 67 of the Act on the Management of Narcotics, etc. for Additional Collection;

1. The scope of recommended types by the sentencing criteria: Narcotics;

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