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(영문) 서울중앙지방법원 2013.05.23 2013고단178
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 13, 2012, around 22:00, the Defendant received approximately 0.1g of psychotropic drugs from C Mesptopists (tentatively referred to as “philopon”; hereinafter referred to as “philopon”) at the entrance of the headquarters in Seongbuk-gu Seoul, Seoul, and administered them by means of receiving approximately 0.1g of psychotropic drugs from C, in a single-use injection machine from a billiard toilet, and putting the philopon into a single-use injection machine with water, and melting them into the bloodline, such as her hand.

2. At around 17:00 on October 31, 2012, the Defendant received approximately 0.25 g of philopon from E within the Defendant’s passenger car parked near Seongbuk-gu Seoul, Seongbuk-gu, Seoul.

3. At around 18:00 on the same day, the Defendant injected approximately 0.05 g of phiphonephones received from the F Defendant’s pro-friendly shop in Namyang-si, as set out in paragraph 2, into a disposable injection machine, and administered them by means of injecting them with water into his hand, etc.

4. On November 3, 2012, the Defendant administered approximately 0.05 g of philophones at the same factory office at around 24:00.

5. At around 04:30 on November 5, 2012, the Defendant administered approximately 0.15g philophones in the same factory office, respectively, three times in the same manner.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records and the calculation of additional collection charges;

1. Written appraisal of narcotics;

1. Details of currency;

1. Application of Acts and subordinate statutes to a medical certificate, corpse inspection report;

1. Facts constituting a crime under the relevant criminal facts: Articles 60 (1) 3 and 4 (1), and 2 subparag. 4 (b) through (5) of the former Narcotics Control Act (Amended by Act No. 10786, Jun. 7, 201); Articles 60 (1) 2 and 4 (1), and 2 subparag. 3 (b) of the Act on the Control of Narcotics, Etc.;

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

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;

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

1. The proviso of Article 67 of the Narcotics Control Act;

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