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(영문) 광주지방법원 2013.10.11 2013고단4184
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

500,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[criminal power] On January 16, 2009, the Defendant was sentenced to a fine of KRW 10,000,000 as a crime of violating the Act on the Control of Narcotics, Etc. at the Seoul Central Method Board. On October 15, 2009, the Defendant was sentenced to a fine of KRW 10,000,00 for the same crime at the Seoul Southern District Court’s District Court on October 15, 2009 and completed the execution of the sentence at the Clean Female Prison’s Prison on July 19, 2012.

【Criminal Facts】

The Defendant, who is not a person handling narcotics, did not deal with the psychotropic drug clocks (one philophone, hereinafter referred to as the “philophones”), but administered the clopon as follows.

1. On August 6, 2012, from around 04:00 to 12:00, the Defendant: (a) placed in the non-dissurcing room near the D Bathing beach located in Ulsan-si, Dong-gu, Ulsan-si; (b) 2 of the disposable injection machine for the first use, 0.03g of phiphones; and (c) injected phiphones with E three times by inserting their arms and the Defendant’s arms.

2. From October 12, 2012 to 16:00 on October 12, 2012, the Defendant: (a) placed in the mutual influorial telephone F located in the Gyeongjin-gun F; (b) combined with E in a single influorial 2; (c) dilution one influorial 0.03 grams; and (d) dilution with one influorial 0.03gs; and (b) administered phiphones with E twice by means of injection in one’s arms and the Defendant’s arms.

Summary of Evidence

1. Defendant's legal statement;

1. Part concerning the statement of E in the prosecution examination protocol against the defendant

1. Statement of prosecutorial statement concerning E;

1. Investigation report (explication of details of currency related to A and Reference Witnesses E);

1. Criminal records as stated in the judgment: Application of criminal records and investigation reports (the confirmation report on the date of release) and statutes;

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 the relevant Acts on criminal facts;

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. Narcotics crimes with the reason for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (100,000 won at the market price of one-time medication of a phiphone x 5 times = 500,00 won); and

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