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(영문) 서울동부지방법원 2013.08.21 2013고단1370
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

1,00,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On February 3, 2009, the Defendant was sentenced to eight months of imprisonment with prison labor for the crime of the Narcotics Control Act, etc. at Seoul Western District Court on May 21, 2009, and was not a person handling narcotics, who completed the execution of the sentence in Seoul Southern District Court on May 21, 2009.

1. On February 22, 2012, the Defendant received a one-time injection device, which contains approximately 0.05 grams of psychotropic drugs, from E, in front of D, located in Gangnam-gu Seoul Metropolitan Government, by free 22:00, a one-time injection device containing approximately 0.05 grams of psychotropic drugs.

2. On June 9, 2013, the Defendant administered philophones by inserting approximately 0.05g philophones into a single-use injection machine, dilution them with water at the residence of the Defendant located in the wife F at Chicago-si on June 23, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (related to responses to requests for appraisal of narcotics A, relation to attaching copies of case records of accomplices E, indictment of relevant accomplices, and attachment of judgment);

1. Results of the preliminary test of narcotics, and confirmation of the market price of narcotics;

1. Previous convictions: Application of criminal records and investigation reports (verification of recent decisions of suspects and date of release);

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 the relevant Acts on criminal facts;

1. Article 35 of the Criminal Act for Aggravation of repeated crimes (as to the crime of paragraph (1) at the time of sale);

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

1. The punishment shall be imposed on the defendant in light of the circumstances, such as the fact that the defendant, for the reason of sentencing in the proviso to Article 67 of the Act on the Control of Narcotics, etc., was released from a sentence for the same kind of crime and again receives scopphones during the period of repeated crime, and that the defendant's continued scopphones have

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