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(영문) 서울동부지방법원 2013.08.30 2013고단1434
마약류관리에관한법률위반(향정)
Text

Defendants shall be punished by imprisonment for eight months.

Each KRW 300,000 shall be collected from the Defendants.

The Defendants are above.

Reasons

Criminal facts

Defendant

A, at the Jeonju District Court on October 22, 2010, sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence in an official prison on September 14, 201, and the Defendants are not the persons handling narcotics.

1. On May 7, 2013, the Defendants, at the center of Fronon in Jung-gu in Seoul, Jung-gu, Seoul, to collect KRW 300,000,000 from G (the suspension of indictment on the same day), to purchase psychotropic drugs-related psychotropic drugs-related clopon (the word “copon”; hereinafter “copon”), and to trade coponon from G by receiving approximately 0.1g of copon from G.

2. Defendant B administered philophones by inserting approximately 0.05g of philophones purchased at the same time, at the same place, into a single-use injection machine, dilution with water, and injection into one’s own arms.

3. On May 8, 2013, Defendant A administered philophones by inserting approximately 0.05g of the philophones purchased as above into a single-use injection machine, dilution them into his arms at around 23:00, in which it is impossible to identify the trade name in H in Seoul, Jung-gu, Seoul.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each appraisal request letter, B cash (300,000 won) withdrawal data, output data from CCTV image data, such as crime prevention data, and report on the market price of phiphones;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (a copy of judgment attached) Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., the Selection of Punishment for Crimes, Article 30 of the Criminal Act, and Selection of Imprisonment with labor, respectively;

1. Defendant A among repeated crimes: Article 35 of the Criminal Act;

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

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order.

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