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(영문) 서울북부지방법원 2012.11.26 2012고단2661
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On June 15, 2012, at around 15:00 on the first day of the mid-term 2012, the Defendant: (a) dumped the birth of psychotropic drugs purchased from D into a single-use campile, containing a sum of 0.03gs of psychotropic drugs purchased from D; and (b) injected into J’s arms.

The Defendant, in collusion with the above J, administered philophones.

2. At around 15:00 on the first day of July 2012, the Defendant, at the K parking lot of Yongsan-gu Seoul Metropolitan Government, d, dilutiond the birth water rapidly by dilutioning it in a single-use injection machine that contains a large amount of 0.03g of philopon purchased from D, and then in J’s arms.

The Defendant, in collusion with the above J, administered philophones.

3. At around 17:00 on July 10, 2012, the Defendant, at around 17:00, laid down a single-use injection device, purchased from D, which contains an amount equivalent to 0.03g of the philopon purchased from D, to the said J without compensation.

The Defendant received philophones as above.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the suspect against the defendant and J by the prosecution;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Article 60 (1) 3, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts (Selection of Imprisonment with prison labor);

1. According to the sentencing guidelines for concurrent crimes under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, among concurrent crimes, the scope of the recommended sentence is that the crimes of violation of the Act on the Control of Narcotics, Etc. by waterway correspond to the basic areas of Type 2 (mariju, fab, (c), etc.) among the narcotics crime group, trade mediation, etc., and the crime of violation of the Act on the Control of Narcotics, etc. by medication, since the scope of the recommended sentence is one year - two years, and the crimes of violation of the Act on the Control of Narcotics, etc. by medication fall under the basic areas of Category 3 (f) and (c) among the narcotics crime group, the simple possession of medication, etc., and these crimes are concurrent crimes under the former part of Article 37 of the Criminal Act.

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