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(영문) 서울남부지방법원 2014.06.11 2014고단1226
마약류관리에관한법률위반(향정)
Text

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

The evidence of seizure Nos. 3 and 4 shall be confiscated from the accused.

Reasons

Punishment of the crime

On August 17, 2012, the Defendant was sentenced to six months of imprisonment for violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on August 17, 2012, and completed the enforcement of the sentence at the Incheon Detention Center on May 22, 2013.

The defendant is not a person handling narcotics.

1. On March 1, 2014, the Defendant purchased 50,000 won from D in the vicinity of the Defendant’s dwelling in Kimpo-si, Kimpo-si, by taking approximately 0.8g of psychotropic drugs, which are psychotropic drugs contained in vinyl domina (hereinafter “copon”).

2. On March 11, 2014, at around 16:30, the Defendant received approximately 0.1g of philopon, which was parked in the vicinity of the above Defendant’s residence, on a single-time scopon vehicle, and received and delivered philopon.

3. On March 11, 2014, at around 17:00, the Defendant administered philophones by inserting approximately 0.1g of philophones into a disposable injection machine at the above Defendant’s residence, melting the birth water as soon as possible, and administering philophones into his arms.

4. On April 8, 2014, at around 11:00, the Defendant, at the above Defendant’s residence, injected approximately 0.03 grams of philophones into a single-use injection machine, melted the birth water as soon as possible, and injected philophones into his arms.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A copy of a protocol of suspect examination of D by the police;

1. Each protocol and list of seizure;

1. Each request for appraisal;

1. Investigation report (Evidence 18);

1. Previous records: Criminal records, inquiry reports, and the application of Acts and subordinate statutes as a result of prisoners’ search;

1. Relevant Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., for which the relevant Article of the Act and the selection of a sentence are applicable to the crime, and the choice of imprisonment for

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 Act on the Control of Narcotics;

1. Sentencing the proviso of Article 67 of the Act on the Control of Narcotics, Etc.

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