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(영문) 서울중앙지방법원 2015.11.12 2015고단5627
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

29,400 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On February 13, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on February 13, 2014 and completed the execution of the sentence on September 5, 2015, and is not a person handling narcotics.

1. On September 5, 2015, the Defendant: (a) received approximately 0.09g g of Melopon from E in the guest room located in Gangseo-gu Seoul Metropolitan Government “Dmophone” 503; and (b) received approximately 0.09g of Melopon (hereinafter “Melopon”).

Accordingly, the defendant accepted philophones.

2. Medication of phiphones.

A. On September 5, 2015, the Defendant injected approximately 0.03g of clophones received within the said guest room, which were diversted into water, and then injected them into his arms in a disposable injection machine.

Accordingly, the Defendant administered philophones.

B. Around September 6, 2015, the Defendant: (a) dumped approximately 0.03g of clophones received within the guest room as above; and (b) injected them into their arms in a disposable injection machine.

Accordingly, the Defendant administered philophones.

C. On September 8, 2015, the Defendant drank approximately 0.03 g of phiphones received within the toilet of the first floor of the Seoul Special Metropolitan City, Gwanak-gu, by dilution with coffee.

Accordingly, the Defendant administered philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Results of a simplified test of narcotics, etc.:

1. A photograph by cutting off DNA CCTV images or DNA CCTV images;

1. Previous records of judgment: Application of criminal records, etc. and investigation reports (verification of the fact that the period of repeated crime of a suspect is in progress)-related statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 (Article 2) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor for a crime;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Grounds for sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, Etc.

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