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(영문) 대전지방법원 천안지원 2014.02.20 2013고단1199
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

The defendant of "2013 Godan1199" [criminal power] The defendant of the Seoul Southern District Court sentenced on March 24, 2010 to two years of imprisonment with prison labor for the violation of the Act on the Control of Narcotics, etc. (fence), and was sentenced to a suspended sentence in August of the same year.

4. 1. The above judgment was finalized.

【Criminal Facts】

Defendant is not a narcotics handler.

1. At around 03:30 on February 6, 2013, the Defendant purchased approximately 0.5g of psychotropic drugs from D, in front of the bus terminals in Geumcheon-gu Seoul Metropolitan Government, with C, a approximately KRW 0.5g of psychotropic drugs from C. 300,000.

2. Medication of phiphones.

A. On February 6, 2013: (a) around 03:40 on February 6, 2013, the Defendant collected approximately 0.05g of the penphones referred to in paragraph (1) from the Felel room located in Gwanak-gu, Seoul Special Metropolitan City for one-time use, dilution with raw water, and injected them into the arms.

B. On June 19, 2013, at around 19:00, the Defendant injected approximately 0.05g of the penphones as referred to in paragraph (1) into a disposable injection machine, which was dilution with tap water, in front of the Sinpo-si, Sinpo-si, Sinpo-si, Sinpo-si.

around 22:00 on July 17, 2013, the Defendant provided G with 0.2g of philophones in possession of the Defendant at the entrance of a cafeteria located near the new-dong Air Force Center in Yeongdeungpo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. Protocol concerning the examination of suspect of G;

1. Details of account, written appraisal, each investigation report, and application of statutes governing judgment (Dialphone sales);

1. Articles 60 (1) 2, 4 (1), and 2 subparag. 3 (b) (the purchase, medication, and delivery of each psychotropic malicious substance), Article 30 of the Criminal Act, and the choice of imprisonment for a crime under Article 30 of the Act on the Control of Narcotics, etc. under Relevant Acts;

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

1. Article 62 (1) of the Criminal Act;

1. Orders for probation and education;

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