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(영문) 인천지방법원 2013.03.29 2012고단11451
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

80,000 won shall be additionally collected from the defendant.

Reasons

Criminal facts

On January 5, 2012, the Defendant was sentenced to a suspended sentence of five years for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Southern District Court on January 5, 2012, and was finally sentenced to a suspended sentence of five years on November 16, 2012, and is not a person handling narcotics.

"2012 Highest 11451"

1. At around 02:00 on April 17, 201, the Defendant sold approximately 0.4g of psychotropic drugs, to E, a psychotropic drug, at the guest room located in the Nam-gu Incheon Metropolitan City Do Do Do Do Do Do Do Do c, for approximately 500,000 won.

2. On June 20, 201, at around 23:00, the Defendant: (a) delivered 0.07g of philopon to E from the guest rooms located in the Nam-gu Incheon Metropolitan City, Nam-gu C, without compensation; and (b) injected approximately 0.07g of philopon with E by dilutioning 0.07g of philopon with E, into each of them by using a disposable injection device.

around 22:30 on May 4, 201, the Defendant, “2013 Highest 1086,” received approximately 0.07 ghopon from G from a third guest room located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, for free, and administered it to a coffee.

Summary of Evidence

"2012 Highest 11451"

1. Statements consistent with the accused in the first trial records;

1. Copy of each police interrogation protocol of E and H;

1. A report on investigation (report on the market price of phiphonephones) and a report on investigation (report on calculation of the amount additionally collected);

1. Before judgment: Before disposition, results of confirmation (a certified copy of the judgment), criminal records, and criminal records, "2013 Godan1086";

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each police interrogation protocol against G and I;

1. Article 60 (1) 3 and Article 4 (1) and subparagraph 4 (b) of Article 2 of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same shall apply) concerning the relevant criminal facts and the selection of punishment for each of them;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. 50,000 won for sale under the proviso of Article 67 of the Act on the Control of Narcotics, etc.

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