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(영문) 인천지방법원 2013.10.16 2013고단4764
마약류관리에관한법률위반(향정)
Text

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

1,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On November 24, 2011, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at Suwon District Court on April 19, 201 and completed the execution of the sentence at the Seoul Southern District Court on April 19, 2012.

【Criminal Facts】

The defendant is not a person handling narcotics.

1. On September 14, 2012, the Defendant, at the D Park located in Jung-gu Incheon Metropolitan City, laid off approximately 0.7g of psychotropic drugs-related psychotropic drugs-related Meaks (one philopon; hereinafter “philopon”) from E, and drawn up KRW 80,000 in cash in return.

On the same day, the Defendant put approximately 0.05g of the philophones purchased as above into a single-use clock, added them into the left clock, and injected them into the Defendant’s left clock.

Accordingly, the Defendant traded and administered philophones.

2. Around May 17, 2013, the Defendant administered philophones by inserting approximately 0.05g philophones in a single-use injection machine, dilutioning the Defendant’s left-of-use blood cells, and administering philophones in a way of injecting them into the Defendant’s bloodline.

3. On July 22, 2013, the Defendant, at the Defendant’s house located in Jung-gu Seoul Metropolitan Government Galet A 301, put approximately 0.05g of philopon in a single-use injection instrument, dilution with bio-velopon, and administered philopon in a way of injecting it into the Defendant’s left part of blood.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. A statement of requests for appraisal, reports on requests for appraisal, and reports on the results of appraisal by the State;

1. Investigation report (verification of prices for cancer transactions for narcotics);

1. Previous convictions in judgment: Application of criminal records and investigation reports (verification of the date of release, etc.);

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 a sentence;

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. Grounds for calculation of the proviso to Article 67 of the Narcotics Control Act: one million won;

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