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(영문) 서울중앙지방법원 2013.04.11 2013고단86
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

The Defendant, who is not a person handling narcotics, was unable to handle the psychotropic drugs, such as receiving, administering, etc. the clopulon (hereinafter “copon,” hereinafter). However, the Defendant dealt with the copon as follows.

1. On July 27, 2012, around 02:00, the Defendant received the Defendant’s vehicle C, parked in front of the Seoul Jung-gu Bab, Seoul, with a set of approximately 0.1g of philopon, contained in D, for a single-use injection device, without compensation.

2. At around 02:30 on July 27, 2012, the Defendant administered approximately 0.05g of the penphonephone 0.05g, received from the Defendant’s dwelling at the small room in Seoul Jung-gu E-gu, Seoul, and 301, in a manner that melts and melts them into plastic cups, and melts them.

3. At around 07:00 on July 27, 2012, the Defendant administered approximately 0.05 grams, which remains after the medication, in the above manner, at the small room of the Defendant’s residence.

4. Around 22:00 on July 27, 2012, the Defendant received approximately 0.05 gramopons from D without compensation, which were parked in front of the Bel, within the Defendant’s passenger car, and which were 0.05 gramopons from D.

5. At around July 27, 2012, the Defendant administered approximately 0.05 gramphones received from D as above in the small room of the Defendant’s residence.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of suspect examination of D by the police;

1. Written appraisal of narcotics;

1. Application of investigation reports (the price for cancer transactions in narcotics and the calculation of additional collection charges) Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts;

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. Order to attend lectures under Article 62-2 of the Criminal Act;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. for Additional Collection

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