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(영문) 서울중앙지방법원 2013.07.04 2013고단803
마약류관리에관한법률위반(향정)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Notwithstanding the fact that the Defendant is not a person handling narcotics, the Defendant received approximately 0.15 g of psychotropic drugs from D, in the middle of August 2012, at around 18:00, in the order of 18:00, in the order of the mid-to-date, Mambamin (hereinafter referred to as “pononon”), a psychotropic drug, from Mambamin (hereinafter referred to as “conon”), and administered the conon at the same time as above in a single-use injection machine, and recorded it in the water in a single-use injection machine.

2. Around 20:00 on August 18, 2012, the Defendant purchased and sold approximately 5g of philopon from G to one million won with D’s referral from the FMoel located in Songpa-gu Seoul E.

3. At the same time, at the same place, the Defendant received approximately 0.4g of the philophonephones purchased from D with approximately 5g of the above mediation cost.

4. The Defendant put about approximately 0.1g of philophones purchased from G in the same temporary border or in the Defendant’s vehicle near the above Felher, into a single-use injection machine, and melted them into water and administered them in a way of injecting them into their arms.

Summary of Evidence

1. Legal statement of witness D or G;

1. A protocol concerning the examination of suspect by the prosecution against the accused, D, or G (including each part of the cross-examination);

1. The prosecutor's statement concerning G;

1. Each report on investigation;

1. Application of Acts and subordinate statutes of a narcotics appraisal report;

1. Article 60 (1) 2 and Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc. for the Establishment of Relevant Law and the Selection of Punishment for Crimes;

F. Determination of imprisonment with labor (the defendant denies the crime of this case, but D was convicted of the crime of this case relating to the crime of this case related to the defendant, in light of the developments leading up to the arrest of the defendant, the details leading up to the administration, the developments leading up to the mediation, and the situation before and after, the defendant was sentenced to a conviction by the Seoul Eastern District Court. However, since G's statements are deemed mutually consistent and consistent as a whole, it is sufficiently consistent with each of the above statements, and it can be sufficiently recognized if the results of the maternity assessment were added

1. Concurrent Crimes: the former part of Article 37 and Article 38 of the Criminal Act;

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