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(영문) 서울중앙지방법원 2014.02.06 2014고단5
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

【Criminal Power” On December 28, 2009, the Defendant was sentenced to a suspended sentence of one year in Seoul Southern District Court for a violation of the Act on the Control of Narcotics, etc., and on June 10, 2010, the Seoul Northern District Court sentenced eight months to imprisonment for a violation of the Act on the Control of Narcotics, etc., and completed the execution of the sentence in Busan Prison on August 29, 201.

【Criminal Facts】 The Defendant is not a person handling narcotics.

1. On April 23, 2012, at around 16:00, the Defendant received delivery of 0.1g of Metepha (one philopon; hereinafter referred to as “philopon”) from C, a psychotropic drug located in the street in the vicinity of the river basin in Gangseo-gu Seoul, Gangnam-gu, Seoul, without compensation, from C.

Accordingly, the defendant received 0.1g of philophones.

2. At around 06:00 on October 29, 2013, the Defendant administered approximately 0.05g of philophones received from C, such as the preceding paragraph, in the (ju) E-ray warehouse of Pyeongtaek-si in Gyeonggi-do.

Accordingly, the Defendant administered philophones.

3. At around 17:00 on October 29, 2013, the Defendant administered approximately 0.05g of phiphonephones received from C, such as the foregoing paragraph (1), in a coffee warehouse.

Accordingly, the Defendant administered philophones.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Police seizure records;

1. Each report on investigation;

1. The written request for appraisal of narcotics, the urine and the written consent for the extraction of hair;

1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (verification of confinement records);

1. Articles 60(1)3 and 4(1)4 and 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 2011; and enforced from June 8, 2012); the choice of imprisonment for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Collection of narcotics;

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