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(영문) 서울동부지방법원 2014.08.14 2014고단1162
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one and half years.

The evidence seized shall be confiscated from the accused.

Reasons

Punishment of the crime

【Criminal Power】 On April 25, 2013, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Northern District Court on April 25, 2013 and completed the execution of the sentence in the medical prison on February 4, 2014, and is not a person handling narcotics.

【Criminal Facts】

1. At around 02:00 on April 20, 2014, the Defendant provided camphones without compensation to E, approximately 0.05 g of psychotropic drugs, which are psychotropic drugs located in a single-use injection device, within 801 Mour, Songpa-gu Seoul Metropolitan Government “D” c.

Accordingly, the defendant provided philophones as such.

2. The Defendant, at the above time and place, injected approximately 0.2g of philophones into a single-use injection machine, dilution them with water, and injection into the sphophones.

Accordingly, the Defendant administered philophones as such.

3. At around 21:10 on April 23, 2014, the Defendant had approximately 11.12 g of philopon from G in front of Songpa-gu Seoul, Songpa-gu, Seoul. Around 21:10, the Defendant had approximately 11.12g of philopon.

Accordingly, the defendant possessed a philophone as such.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Records and lists of police seizure;

1. Investigation report (related to responses to the results of appraisal request), investigation report (report on the market price of phiphonephones), investigation report (related to the quantity of phiphonephones received by A from G);

1. Photographs;

1. Previous convictions indicated in judgment: Criminal records, US records, and reports on results of confirmation, and application of Acts and subordinate statutes concerning personal identification and confinement status;

1. Article 60 (1) 2, Article 4 (1) 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. 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 Narcotics Control Act;

1. Grounds for sentencing under the proviso to Article 67 of the Narcotics Control Act;

1. The recommendation shall be made according to the sentencing criteria;

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