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(영문) 서울중앙지방법원 2013.10.17 2013고단5400
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

The number No. 1 of the seized list shall be forfeited.

from the defendant 1,500.

Reasons

Punishment of the crime

【Criminal Power” The Defendant, at the Jeonju District Court on June 28, 2012, was sentenced to a suspended sentence of two years on July 6, 2012, for a violation of the Act on the Control of Narcotics, Etc., and the said judgment became final and conclusive and is still in the grace period.

【A person handling narcotics, etc., other than a person handling narcotics, did not deal with psychotropic drugs-related Metephines (ponphones: hereinafter “ponphones”), but the Defendant dealt with philophones as follows:

1. Crimes of trading phiphones;

A. On June 21, 2013, the Defendant: (a) around 23:30 on June 21, 2013, around KRW 700,000 as the price for the purchase of phiphones from D in Dongdaemun-gu Seoul Metropolitan Government Cbuilding; and (b) sold 0.7 grams of philophones contained in D in a single-use injection machine to D.

B. On August 27, 2013, the Defendant: (a) around 18:10 on August 27, 2013, 70,000 won from D under the name of the purchase price for oponon; and (b) sold 0.7 gopon, which is contained in D in a single-use injection machine, to D.

2. On August 27, 2013, the Defendant: around 18:10 on August 27, 2013, inserted approximately 0.07 gramphones into a single-use injection machine in Dongdaemun-gu Seoul, Dongdaemun-gu Seoul, and crophones into the Defendant’s arms and administered phiphones.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of suspects of defendants, E, or D by the prosecution;

1. The prosecutor's statement concerning the F;

1. Police seizure records;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts, and selection of imprisonment with labor;

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 Management of Confiscated Narcotics;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (a decision on the type of narcotics) in the order of provisional payment (a decision on the type of narcotics), including the sale and purchase of, or assistance in, narcotics, etc.

(i) the item;

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