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(영문) 수원지방법원 안양지원 2013.06.12 2013고단419
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 to 12 shall be confiscated, respectively.

From the defendant, 200.

Reasons

Punishment of the crime

On June 21, 2011, the Defendant sentenced 10 months to imprisonment for a violation of the Act on the Control of Narcotics, etc. in the Suwon District Court, and completed the execution of the sentence on March 7, 2012.

The defendant is not a person handling narcotics.

A person other than a person handling narcotics shall not import, trade, give or receive, administer, or possess a psychotropic drug camblopon (hereinafter referred to as "camlopon").

1. Medication of phiphones;

A. On April 10, 2013, around 18:30 on April 10, 2013, the Defendant put about approximately 0.05g oponon in a one-time injection machine from D station toilets located in Busan Dong-gu, Busan, for use, and injected it by means of injecting it into the Defendant’s left part of blood.

B. On April 10, 2013, at around 23:50, the Defendant put about approximately 0.05g of opononon in a single-use injection machine in Sungnam-si E, Sungnam-si, and dilution it with biocom, and administered it in a way that the Defendant injected the Defendant’s left upper part of the blood pipe.

2. On April 10, 2013, the Defendant: (a) around 23:55, the Defendant: (b) carried opphones into the Defendant’s bank by putting approximately 0.41g of opphones into the Defendant’s bank in a disposable injection machine; (c) dividing approximately 5.85g of opphones into 10 for a disposable injection machine; and (d) carrying them in a way of concealing them on the rest of the toilet 21 for a toilet tent.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure;

1. Each investigation report and notification of the results of appraisal of narcotics;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (referring to attachment reports, such as a copy of judgment);

1. Relevant Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., for the sake of criminal facts and the selection of a sentence;

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

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

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

1. proviso to Article 67 of the Act on the Control of Narcotics, etc.;

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