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(영문) 서울동부지방법원 2013.09.04 2013고단1670
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence 1 or 2 shall be confiscated.

nine hundred and fifty thousand won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On February 10, 2012, around 19:00, the Defendant sold 2.50,000 won for the purchase price of psychotropic drugs-related psychotropic drugs-related Melopon to C in a car parked near Yangcheon-gu Seoul Metropolitan Government B, and purchased and sold Melopon by receiving approximately 0.3g of Melopon, which is contained in C from a disposable injection machine.

2. On February 21, 2012, at around 15:49, the Defendant remitted 70,000 won of opopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopopop

3. Around September 2012, the Defendant, at the Defendant’s residence located in Gangdong-gu Seoul Metropolitan Government F, injected approximately 0.03 grams of opphones into one-time injection machine, dilution with water, and injection with his arms.

Summary of Evidence

1. Defendant's legal statement;

1. The statement made by C in the second prosecutor's office concerning the accused during the examination of suspect;

1. Seizure records;

1. Notification of the results of appraisal of narcotics;

1. Application of Acts and subordinate statutes to an investigation report (report on the market price of phiphonephones);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) and Article 2 subparagraph 3 (b) of the Act on the Selection of Narcotics, etc., concerning facts constituting a crime;

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

1. The Defendant again commits the instant crime even though he had the record of a disposition of the suspension of indictment on the grounds of sentencing in Article 67 of the Act on the Control of Narcotics, etc., such as confiscation and collection, even though he had been sentenced to a punishment of imprisonment for the same kind of crime in 2004 and a disposition of the suspension of indictment around 2010, the Defendant purchased merptes over two occasions and administered them, and the nature of the crime is not good, on the other hand, the Defendant’s mistake is against his age, occupation, and family relationship.

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