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(영문) 대구지방법원 2014.06.12 2014고단2330
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

Seized evidence No. 3 shall be confiscated.

20,000 won from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. 피고인은 2014. 4. 30. 23:00경 서울 구로구 C 101호에서 D로부터 향정신성의약품인 메트암페타민(일명 필로폰, 이하 필로폰이라 함)을 흡입할 수 있도록 자체 제작한 플라스틱 용기(일명 삥후)를 건네받아 필로폰을 넣고 라이터로 가열하여 발생한 연기를 유리빨대로 흡입하는 방법으로 필로폰 불상량을 투약하였다.

2. At around 12:00 on May 1, 2014, the Defendant administered an insularphone in the same manner as in the preceding paragraph at the same place.

3. On May 1, 2014, around 16:55, around 2016: (a) received and possessed approximately 0.6195 grams from the said D for the purpose of selling in the street 23-1 front of Yeongdeungpo-gu Seoul, Yeongdeungpo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol concerning suspect examination of D; and

1. Records of seizure and the total list of seized articles;

1. Each test report;

1. Application of Acts and subordinate statutes to an investigation report;

1. Article 60 (1) 2, Article 4 (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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. For the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment, Article 334(1) of the Act on the Aggravated Punishment of Crimes 1 [Scope of Recommendation], such as the sale and purchase, good offices, etc. of Type 2 (Sariju, fab. (b) and (c) of the Basic Area (1 to 2 years, etc.) 2 of the Act on the Aggravated Punishment of Crimes 3 of the Basic Area (10 to 2 years) of the 3 (4) of the Act on the Aggravated Punishment (10 to 2 years), medication, simple possession, etc. of the basic area (10 to 10 to 3 years), the scope of final sentence according to the aggravation of multiple crimes in the basic area (10 to 10 to 2 years) of the Act on the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated (1 to 3 years).

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