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(영문) 서울서부지방법원 2013.07.11 2013고단1150
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

50,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On November 25, 2010, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, Etc., at the Sungnam Branch of Suwon District Court, and completed the execution thereof on July 17, 201.

【Criminal Facts】

Despite the fact that the Defendant is not a person handling narcotics, the Defendant dealt with the following psychotropic drugs-related Mespophophones (hereinafter referred to as “pophophones”):

1. On October 28, 2012, the Defendant, around 15:00, administered 0.05g of philophones in the single-use c with the trade influorites located in Mapo-gu Seoul Metropolitan Government, and injected them into the arms by dilution with water.

2. On February 10, 2013, around 16:00, the Defendant administered eurburine in Busan Dong-gu, with approximately 0.05g of philophones in a single-use injection machine, in a way of dilution with water and injection into the arms.

3. On May 3, 2013, at around 12:00, the Defendant administered Gamoto 803 in Mapo-gu Seoul, Mapo-gu, and the disposable injection machine with approximately 0.05g philophones, dilution with water, and injection into the arms.

4. On October 28, 2012, the Defendant issued approximately 0.05g of oponphones to the mutual influences in Mapo-gu Seoul Metropolitan Government, and H around 0.05g of opons.

5. Around 16:00 on February 10, 2013, the Defendant issued approximately 0.05 gopon to EMoel located in Busan Dong-gu, Busan, and H 0.05 gopon.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of suspect examination of H by the police;

1. Temporary test results, test reports, and drillings;

1. A report on investigation (report on calculation of additional collection charges);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report attached to the judgment of the same kind of case, etc.);

1. Article 60 (1) 2, Article 4 (1), and Article 2 subparagraph 3 (b) of the Act on the Selection and Management of Narcotics, Etc. concerning Criminal Facts and Selection of Imprisonment with labor;

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. The proviso to Article 67 of the Narcotics Control Act;

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