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(영문) 대전지방법원 홍성지원 2013.10.01 2013고단665
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

1,200,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On March 6, 2013, between 12:00-13:00 and 13:00, the Defendant: (a) provided one of the injection devices containing approximately 0.3g of Maspiles (tentatively referred to as “propopon”; hereinafter referred to as “propopon”) from D and purchased 600,000 won.

2. The Defendant, in the vicinity of F in Seocheon-gun, Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do, in the same day as the above paragraph 1 above, purchases phiphones on three occasions at intervals of one hour at intervals of time.

the administration was administered in a dilution manner.

3. On May 8, 2013, at around 19:00 to 20:00, the Defendant: (a) purchased 600,000 opphones containing approximately 0.3g of opphones from D in the H Station located in Bupyeong-gu Incheon Metropolitan City.

4. The Defendant, like the above paragraph 3, administered philophones purchased from an insular insular insular in the vicinity of the same location as the above paragraph 3 by dilutioning philophones purchased with an insular water and drinking the brealy insular water up to the next day.

Summary of Evidence

1. Statement by the defendant in court;

1. To record the accused in part D of the interrogation protocol of the second prosecutor's office as to the accused;

1. Requests for each appraisal;

1. Application of Acts and subordinate statutes to each investigation report (Attachment to the details of currency of A and D, and addition charges to A);

1. Article 60 (1) 2 and 4, Article 60 (1) 1, subparagraph 3 (b) (the point of purchase of phiphones) of the Act on the Control of Narcotics, Etc., Article 60 (1) 2 and 4, and subparagraph 3 (b) (the point of purchase of phiphones) of the Act on the Control of Narcotics, etc., Articles 60 (1) 1 and 20 (1) 3 (b) (the point of administration of phiphones)

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

1. proviso of Article 67 of the Act on the Control of Narcotics, Etc. (1,200,000 won = Purchase price of 600,000 phiphones under paragraph (3) of the crime in the judgment of the court below as to the purchase price of 600,000 won under paragraph (1) of the same Article); and

1. Grounds for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of applicable sentences under the law: Imprisonment of one month or more.

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