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(영문) 수원지방법원 2014.03.17 2013고단6550
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

600,000 won shall be additionally collected from the defendant.

The provisional payment of the amount equivalent to the above additional collection.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On March 201, 201, the Defendant received approximately 0.21g of psychotropic drugs from the PC “D” bank located in the Namdong-gu Incheon Metropolitan City, Seoul, at around March 2011, the Defendant received approximately 0.21g of psychotropic drugs from E, psychotropic drugs.

2. On April 201, 201, the Defendant received the delivery of psychotropic drugs and the administration thereof from the PC bank without compensation for a disposable injection machine containing approximately 0.21g of philophones E from the above PC bank, and administered them for approximately 0.07g of the administration once in the above PC toilet.

Summary of Evidence

1. Statements made by witnesses E in the second protocol of the trial, which fit for them;

1. Any statement made by the witness F in the fourth protocol of the trial, which conforms with one another;

1. Statement made by the prosecution of December 18, 2012 against E and F;

1. Application of Acts and subordinate statutes on the part of the testimony of E and F to the prosecution protocol of November 12, 2013

1. Relevant Articles of the Act on the Control of Narcotics, etc. and the delivery and receipt of psychotropic drugs that are subject to the option of punishment: The points of administering the psychotropic drugs under Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc.: Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of Article 2 of the Narcotics, etc. Act;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [a concurrent crimes with punishment prescribed in the Act on the Control of Narcotics, etc. due to the medication of psychotropic drugs, the most severe offense] among concurrent crimes;

1. The proviso to Article 67 of the Act on the Control of Narcotics, Etc. (the collection shall be made in addition to KRW 600,000,000, inasmuch as the quantity of opon received by the defendant twice is 0.42g in total (the quantity has been administered as part of the quantity received) and the value of 0.07gg in a single medication is 10,000 won; and

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel are as stated in the facts charged in the judgment of the defendant.

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