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(영문) 서울동부지방법원 2015.08.20 2015고단1219
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On April 19, 2015, the Defendant received approximately 0.1g of psychotropic drugs, which are psychotropic drugs, from E, at a D restaurant near Gangnam-gu Seoul Metropolitan Government, and from E, at least 0.1g of psychotropic drugs, which are psychotropic drugs located in a single-use injection machine (hereinafter “clopon”).

Accordingly, the defendant accepted philophones.

2. Medication of psychotropic drugs;

A. On April 20, 2015, at around 20:00, the Defendant: (a) performed a psychotropic-related medication by inserting approximately 0.05g of grophones, as described in paragraph (1), into a single-use injection instrument; and (b) injected into the left-use blood cells and administered psychotropic drugs.

B. On May 18, 2015, at around 19:00, the Defendant injected approximately 0.05g of philophones located in H in Gangseo-gu Seoul Metropolitan Government, such as as described in subparagraphs 502 and 1, into a single-use injection instrument, and administered psychotropic drugs, after injection into the left part bloodline.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E by the prosecution;

1. Investigation report (including a report on the market price of a phiphone and attached data);

1. Seizure records;

1. Application of each statute of appraisal;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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

1. The final scope of sentence due to the aggravated punishment for the reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommendations] medication, simple possession, etc. of Type 3 (the 10 to 2 years) (the 10 to 2 years) of the basic area (the 10-3 years): October to 8 (the decision of sentence] the circumstances and contents of each of the crimes of this case, the quantity received and the number of times received, confessions and reflects them, and the defendant has the same criminal records and two times.

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