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(영문) 인천지방법원 2013.08.28 2013고단4047
마약류관리에관한법률위반(향정)
Text

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

Seized evidences 1 through 7 and 9 shall be confiscated.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On June 24, 2013, at around 01:00, the Defendant: (a) parked in the vicinity of the exit of Gangseo-gu Seoul Metropolitan City Gamsan Station No. 1; (b) opened up approximately 5g psychotropic drugs-related psychotropic drugs-related Mepopon; (c) purchased and sold Mepopon in the form of 80,000 won.

2. At around 14:00 on June 24, 2013, the Defendant administered a phiphone in a way of injecting approximately 0.03g of philophones purchased as above, into a single-use injection instrument, dilution with bio-componing so that the Defendant injecteds to the Defendant’s come-of-pon blood cells.

3. On June 24, 2013, at around 18:35, the Defendant: (a) divided approximately 4.83 gylphones, remaining after the purchase as above, into vinyl paper, disposable injection machine, and carpphones; and (b) carried phiphones in a way of hiding them on the scoping table.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure, lists of seizure and photographs of each seized article;

1. Written prosecutions as a result of the appraisal of narcotics (as a result of the appraisal on the urinals, hairs, and seized objects);

1. Application of investigation reports (verification of prices for cancer transactions for narcotics, etc.) statutes;

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 a sentence;

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the ground for calculation: 14,500 won = 850,00 won (the retail price per 1gopon around May, 2013 in Incheon area) ¡¿ 0.17g (excluding the remainder after seizure of 4.83g from among 5gopon purchased by the defendant) of the Act on the Control of Narcotics, etc. (the ground for calculation] is the confession of the defendant to the crime in this case, and actively cooperate in the investigation of narcotics-related persons, etc., and the family and branch members of the defendant want to leave the place of the defendant.

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