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(영문) 서울남부지방법원 2014.06.25 2014고단706
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

The evidence of seizure Nos. 1, 2, 6, and 7 shall be confiscated respectively from the accused.

Reasons

Punishment of the crime

On June 13, 2013, the Defendant was sentenced to eight months of imprisonment for violation of the Act on the Control of Narcotics, Etc. at the Seoul Northern District Court on June 13, 2013, and completed the execution of the sentence at Seongdong-gu District Court on July 23, 2013.

The defendant is not a person handling narcotics.

1. On March 1, 2014, around 01:00, the Defendant administered chophones by inserting approximately 0.05 g of psychotropic drugs in a single-use injection machine (hereinafter “chophones”), melting chographs, in which psychotropic drugs are psychotropic substances in Gangseo-gu Seoul Metropolitan Government, and administering chophones by injecting them into their own arms.

2. On March 1, 2014, at around 02:00, the Defendant administered phiphones by inserting approximately 0.05 grams into a single-use injection machine, melting 0.05g of philophones promptly, and in injection into one’s arms.

3. On March 1, 2014, at around 03:00, the Defendant administered philophones in a way that 0.04g philophones are displayed on coffees.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Police suspect interrogation protocol regarding E;

1. Records of seizure and the list of seizure;

1. Each written appraisal;

1. Previous records: Criminal records, etc. and the application of Acts and subordinate statutes as a result of the search of prisoners;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated 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 Narcotics Control Act;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crimes (determination of types) medication, simple possession, etc. of narcotics;

Items c) and c.

Items (Special Heavys) / 1 year of imprisonment with prison labor for the previous department (not less than three years of suspension of execution) / 3 years (the scope of recommendation)

(b) 1 year of imprisonment with prison labor for dealing with multiple crimes - 1/2, 1/3 of the upper limit of basic crimes in June 5.

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