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(영문) 서울동부지방법원 2013.07.11 2013고단1334
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

300,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On November 27, 2009, the Defendant was sentenced to eight months of imprisonment with prison labor at the Seoul Central District Court for larceny and completed the execution of the sentence at the Incheon Detention Center on July 5, 201, and on September 20, 2001, the Seoul District Court sentenced eight months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. (fence) and did not have a person handling narcotics.

1. On May 8, 2012, around 22:00, the Defendant: (a) purchased psychotropic drugs from D in Jung-gu Incheon, Jung-gu, Incheon; (b) purchased psychotropic drugs from E 200,000 won under the name of the purchase price for psychotropic drugs (i.e., one-time clopon; hereinafter “copon”); and (c) traded 0.2 gram of phiopon to E in the single-time copon.

2. On June 9, 2013, the Defendant received approximately 0.1g of philophones from H free of charge at G station squares located in Jung-gu Incheon, Jung-gu, Incheon, and received philophones.

3. On June 9, 2013, the Defendant administered phiphones by dilution approximately 0.1g of phiphones received from the Defendant’s residence located in Nam-gu Incheon Metropolitan City I with water and injection them into his own arms.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the interrogation protocol of prosecution E;

1. Results of analysis of the contents of each other on criminal facts (the details of currencies and E transmission);

1. Results of the inspection of simplified reagents;

1. Confirmation of the price for cancer transactions;

1. Previous convictions: References to criminal records, judgments of the same kind, and application of Acts and subordinate statutes confirming the date of release;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) (Article 2 subparagraph 3 (b)) of the Act on the Control of Narcotics, etc. for Crimes;

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 reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. is that the defendant has a record of having been sentenced to imprisonment for the same suspicion in 198 and 2001.

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