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(영문) 춘천지방법원 속초지원 2013.05.15 2013고단48
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

700,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On August 4, 2011, the Defendant was sentenced to eight months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on August 4, 201, and was released from the court of appeal on November 29, 201, and was not a person handling narcotics.

1. On January 15, 2013, the Defendant sold approximately KRW 0.6g of the 20:00 to 21:00 to 21:00 to 21:00 to 15, 2013 to F in front of the J hotel Driers in Gangnam-gu, Seoul, for a single-time injection device (the “one-time philopon”; hereinafter referred to as “philopon”).

2. On February 2, 2013, the Defendant, at around 19:30 on February 2, 2013, 2013, administered 0.05g oponon in the Defendant’s vehicle (LBW) that was set up on the road near the Handong Hospital in Gangnam-gu Seoul, Gangnam-gu, by dilutioning 0.05g of oponon into the left part of the bar.

Summary of Evidence

1. Defendant's legal statement;

1. One copy of the suspect examination protocol (F);

1. Responses to the request for appraisal, and replys to the request for appraisal;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, personal identification and current status of confinement;

1. Relevant Articles 60 (1) 2, 4 (1) 1, and 2 (3) (b) of the Act on the Control of Narcotics, Etc. and the selection of punishment for the crime, respectively, and the selection of imprisonment with prison labor;

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. The proviso to Article 67 of the Act on the Control of Narcotics, etc. (70,00 won = the price of 0.6g oponon sold = 600,000 won per unit market price of 10,000 oponon); and

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