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서울동부지방법원 2012.10.25 2012고단1909
마약류관리에관한법률위반(향정)
Text

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

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

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On December 25, 201, at around 20:00, the Defendant paid KRW 200,000,000 to the Drocketing car driven by the Defendant, which was parked behind the C Station located in the Southern-gu Incheon Metropolitan City, and purchased 0.2 g of Handphones, a psychotropic drug, which is a one-time injection device, from E, using approximately KRW 0.2 g of psychotropic drugs, which are psychotropic drugs in the one-time injection device.

2. At around 22:00 on January 1, 2012, the Defendant paid KRW 100,000 to the Finging room at E, and purchased a penphone with approximately 0.1g of philopon contained in the disposable injection machine from E.

Summary of Evidence

1. Defendant's legal statement;

1. The third protocol concerning the interrogation of the accused by the prosecution;

1. The statement under E in the second prosecutorial examination protocol against the accused;

1. Application of each prosecutor's protocol of statement to E;

1. Relevant Article of the Act on the Control of Narcotics, etc. (Amended by Act No. 10786, Jun. 7, 2011) and Articles 60 (1) 3 and 4 (1) and 2 subparag. 4 (b) of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 10786, Jun. 7,

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

1. Reasons for sentencing under the proviso of Article 67 of the former Act on the Control of Narcotics, Etc. [Determination of Punishment] Narcotics Crimes, Trade Mediation, etc. [The scope of sentence for recommendation] basic area / [the scope of sentence for recommendation] 1-2 years [the general person] [the period of suspension of execution between three years and ten years] - the previous criminal records of the same kind (the period of suspension of execution between three years and ten years) / [the decision of sentence] Defendant repeated the instant crime even if he had been punished twice for the same crime on September 13, 2007, including the same act of violation of the Act on the Control of Narcotics, etc. (favour) committed on September 13, 2007, even though he had been sentenced to punishment twice for the same act of violation. In light of the fact that the Defendant purchased 0.3g phiphonephones which

However, the defendant's mistake is divided, as above.

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