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(영문) 서울동부지방법원 2014.12.05 2014고단3073
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

400,000 won shall be additionally collected from the defendant.

Reasons

Criminal facts

The defendant is not a person handling narcotics as an acting driver.

1. On November 2013, the Defendant provided approximately 0.05 grams of psychotropic drugs to D, among the 0.2 grams of philophones delivered from Madon C, in a mutual influorial in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City (hereinafter referred to as “philophones”) among the 0.2 grams of philophones delivered from Madon C.

Accordingly, the Defendant received psychotropic drugs-related philophones.

2. On November 2013, the Defendant administered philophones on three occasions as indicated in the list of crimes, including: (a) the Defendant administered approximately 0.05 g of the remaining philophones by dilution them into water, in the mutual influence room located in Yongsan-gu Seoul Metropolitan Government Yongsan-gu, Yongsan-gu, Seoul; and (b) the Defendant administered philophones on three occasions from that time as indicated in paragraph (1).

Accordingly, the Defendant administered psychotropic drugs in three times each.

- A summary of the foregoing sound evidence as above, around February 25, 2014, of the Songpa-gu Seoul Building E, around September 25, 2014, by dilutioning 0.05g of the trade name, French-dong, Yongsan-gu, Seoul, for drinking with water, the method of committing the crime at the time of the crime, and the method of committing the crime at the time of the crime, and around November 2013, 2013.

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement by the prosecution concerning D;

1. The written authorization for the examination of suburines and simplified reagents, and the recovery from the request for appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (slopon transaction price);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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

1. Crimes No. 1 for the reason of sentencing under Article 67 of the Act on the Control of Narcotics, Etc.: Persons who are specially punished in the basic sphere (one year to two years of imprisonment) of Type 2 (marijus, natives (b) and (c) of the Act on the Control of Narcotics, etc.);

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