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(영문) 서울서부지방법원 2015.06.23 2015고단1150
마약류관리에관한법률위반(향정)
Text

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

Seized evidence subparagraph 1 shall be forfeited from the accused.

from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

No person, other than a person handling narcotics, shall receive, administer, or possess a psychotropic drug camblopon (one camlopon; hereinafter referred to as "philopon").

1. At around 20:00 to 21:00 on May 9, 2015, the Defendant: (a) parked on the road near the influoral basin located in Seocheon-si, Seocheon-si; (b) received 0.25g of philophones contained in the influor for daily use from E, free of charge, from E, and received philophones.

2. On May 10, 2015, the Defendant administered philophones by inserting approximately 0.05g philophones into a single-use injection machine and melting them with drinking water, and then in injection into the Defendant’s autopon transfusion.

3. On May 11, 2015, the Defendant possessed a phiphone in a way that conceals approximately 0.2g of phiphones into the panty in the criminal police station and the drug team office of Yongsan-gu Seoul, Yongsan-gu, Seoul, and in a way that conceals approximately 0.2g of phiphones into the panty.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Police seizure records;

1. Temporary test results and test reports, and each request for appraisal;

1. Application of Acts and subordinate statutes to investigation reports (in relation to E and mobile phone conversations delivery estimates), investigation reports (Calculation of additional collection charges), and investigation reports;

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. of Specific 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. The Defendant committed each of the instant crimes even though he had the record of suspended sentence of imprisonment and imprisonment for the same kind of crime under the proviso of Article 67 of the Act on the Control of Narcotics, Etc.

However, the fact that the defendant has mistakenly recognized and repented, and the background and circumstances of the crime of this case are followed after the crime.

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