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(영문) 인천지방법원 2014.05.28 2013고단8228
마약류관리에관한법률위반(향정)
Text

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

350,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. At around 23:00 on July 16, 2010, the Defendant sold approximately 0.1g of psychotropic drugs to D 200,000 won in the residence of Bupyeong-gu Incheon Bupyeong-gu C302. D (one philopon; hereinafter “philopon”).

2. The Defendant used approximately 0.03g of the foregoing phiphonephones by dilution them into D’s arms at the time and place described in paragraph 1, and using a disposable injection device.

3. At around 02:00 on July 17, 2010, the Defendant used approximately 0.03g of the instant philopon on the said philopon to D’s arms by the said method.

4. On December 6, 2013, at around 18:00, the Defendant administered a 150,000 philophones purchased from women in the back frame of the National Bank near Yongsan-gu Seoul Metropolitan City, Yongsan-gu, Seoul at around that time, in a manner of drinking water, at the Defendant’s residence located in Yongsan-gu, Seoul Metropolitan City.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Copy of the protocol of suspect examination of D by the prosecution;

1. Investigation report (reasons for suspension of prosecution, attachment of a certified copy of summary order, and report on the result of appraisal);

1. Ratifications;

1. Application of the Acts and subordinate statutes to investigation reports (related to the price for cancer trading and collection of narcotics);

1. Article 60(1)3, Article 4(1), and Article 2 Subparag. 4(b) of the former Narcotics Control Act (Amended by Act No. 10786, Jun. 7, 2011); Article 60(1)4 of the Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jul. 16, 201); Article 60(1)2 and Article 4(1) and subparagraph 3(b) of Article 2 of the Narcotics Control Act (amended by Act No. 1190, Jul. 17, 2010); Article 60(1)2 and Article 60(1) and subparagraph 3(b) of Article 2 of the Narcotics Control Act (amended by Act No. 10786, Dec. 6, 20

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

1. The former Act on the Control of Narcotics, Etc.: Provided, That the same shall not apply to the crimes of subparagraphs 1 through 3 in the judgment of the proviso of Article 67;

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