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(영문) 서울서부지방법원 2013.10.10 2013고단2067
마약류관리에관한법률위반(향정)
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Provided, That the execution of the above punishment shall be suspended for two years from the date when this judgment has become final and conclusive;

3...

Reasons

Punishment of the crime

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

1. On November 30, 2010 to 18:00, the Defendant purchased approximately 0.35 gramphonephones contained in D’s disposable injection machine from D to 300,000 won.

2. At around 23:00 of the above day, the Defendant injectedd approximately 0.05g of philophonephones contained in the disposable injection machine E, using a method of injecting the left arms to the bloodline.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D;

1. Application of the Acts and subordinate statutes to the correspondence sheet;

1. Relevant legal provisions of the Act on the Control of Narcotics, etc. (No. 932), Articles 60 (1) 3 and 4 (1) and subparagraph 4 (b) of Article 2 of the former Act on the Control of Narcotics, Etc. (No. 932)

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 on the suspension of execution (see, e.g., Supreme Court Decision 62 (1) of the Criminal Act (see, e.g., Supreme Court Decision 201Da1448, Apr. 1, 2

1. Probation under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

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