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(영문) 수원지방법원 2015.11.12 2015고단3714
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

50,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The Defendant, who is not a person handling narcotics, was prohibited from possessing, possessing, using, transporting, managing, importing, importing, exporting, manufacturing, manufacturing, preparing, administering, selling, trading, or providing psychotropic drugs (hereinafter referred to as “scalphones”), but purchased and administered calphones as follows, although the Defendant was not a person handling narcotics.

1. On January 10, 2015, at around 23:30, the Defendant, at the heading room of the DNA telephone located in Gangseo-gu Seoul Metropolitan Government, injected part of the philophone 0.2g unit into the right shoulder of E after dilutioning the volume of 0.2g unit into the heading room of the DNA telephone located in Gangseo-gu Seoul Metropolitan Government, and administered the remaining philophone.

2. On February 8, 2015, the Defendant sold a one-time injection device with 400,000 won or more from H in front of the exit No. 2 G Station located in Songpa-gu Seoul, Songpa-gu, Seoul, and 0.6g philopon, which contains 0.6g philopon.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of each police interrogation protocol of E, H, and I;

1. Application of the Acts and subordinate statutes on requests for appraisal of narcotics;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 and Article 2 (3) of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Facts and the Selection of Penalty, and Selection of Imprisonment with prison labor;

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 and community service order under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. (the amount additionally collected 500,000 won = The amount additionally collected 100,000 potphones sales amounting to 400,000); and

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

1. Types 3 (b) and (c) of the Act on the Control of Narcotics, Etc. (the scope of recommendations), medication, simple possession, etc. due to the recommended medication according to the sentencing guidelines;

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