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(영문) 서울중앙지방법원 2013.03.21 2013고단299
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence 1, 2, and 3 shall be confiscated.

300,000 won from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On May 9, 2012, the Defendant was sentenced to six months of imprisonment with labor for a violation of the Narcotics Control Act in the Incheon District Court’s Vice-Support on May 9, 2012 and completed the execution of the sentence on September 8, 2012, and such previous department was added four times more.

【Criminal Facts】

1. At around 22:00 on December 2012, the Defendant administered approximately 0.1g of psychotropic drugs at the Defendant’s residence of Seongbuk-gu Seoul Metropolitan Government CB01 (hereinafter “clopon”). Around 0.1g of alcohol, the Defendant administered psychotropic drugs by a method of drinking alcohol.

2. At around 22:00 on January 4, 2013, the Defendant injected approximately 0.1g of philophones into a disposable injection machine, and injected them with water in a way of injecting them into their arms.

3. At around 04:00 on January 6, 2013, the Defendant administered approximately 0.05 g of philophones in the same manner at the Defendant’s residence.

4. At around 14:00 on January 6, 2013, the Defendant possessed approximately 0.08 g of phiphones in front of the Defendant’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement of D police statement;

1. Police seizure records;

1. An investigation report (related to photographing a suspect's scopon medication), an investigation report (report on previous and confirmation of the fact of repeated crimes of a suspect), an investigation report (report on confirmation of repeated crimes of a suspect), and a report on an investigation (report on calculation of additional collection charges);

1. Application of Acts and subordinate statutes of each letter of narcotics appraisal;

1. Article 60 (1) 2, 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;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (an aggravated punishment of concurrent crimes for crimes as provided for in paragraph (2) of the same Article, the nature of crimes and circumstances of which are the largest;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (determination of types), narcotics, medication, simple possession, etc. are set forth in Category 3;

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