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(영문) 서울서부지방법원 2015.05.07 2013고단1789
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

10,000 won shall be additionally collected from the defendant.

Of the facts charged in this case, December 2012

Reasons

Punishment of the crime

Even if the Defendant is not a person handling narcotics, he dealt with the following Mescopics (one philophone, hereinafter referred to as “philophones”):

1. Around 22:00 on December 7, 2012, the Defendant purchased KRW 100,000,000,000,000,000 from 10,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00

2. At around 23:00 on March 8, 2013, the Defendant administered approximately 0.03 grams purchased from D at the heading room of the Fmotour room in Dongdaemun-gu Seoul, Dongdaemun-gu, in a way of clocking c.03g of philophones purchased from D, such as the foregoing paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes on investigation report (the application of Acts and subordinate statutes on suspect A's lawsuit and maternitys and responses to requests for original appraisal);

1. Article 60 (1) 2, Article 4 (1), and Article 2 subparagraph 3 (b) (the trading of phiphones and the points of administration) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor for the crime;

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

1. The reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. shall be determined as being the same as the order in consideration of the fact that the defendant has been punished several times for the same crime, the fact that the defendant is in depth against his depth, the quantity of penphones traded or administered, and other various sentencing conditions shown in the argument of this case;

Of the facts charged in this case, the summary of the non-guilty portion of the instant charges on December 7, 2012 is as follows: around 22:00 on December 7, 2012, the Defendant: (a) dilutiond the number of 0.03g of D out of approximately 0.05g 0.03g of 0.5g of opopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopon on the distribution-dong, Seocho-gu

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