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(영문) 서울서부지방법원 2014.06.10 2014고단449
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

1. On September 20, 2013, around 20:00, the Defendant, who is not a person handling narcotics, administered approximately 0.03 g of psychotropic drugs, delivered to C at the office of “D” operated by Yongsan-gu Seoul Metropolitan Government, by means of inserting approximately 0.03 g of psychotropic drugs, which were sent to C with usual knowledge, in a single-use injection machine, and inserting them into the left arms after being melting them.

2. On October 2013, the Defendant, even if not a person handling narcotics, found a “F” office located in Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, and administered approximately 0.03g of philophonephones delivered from the above C, in a single-use injection machine, and in a way of injecting them into the left arms.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. A written appraisal;

1. Application of the Acts and subordinate statutes to investigation reports (the price trend for cancer transactions for narcotics);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Protection of Narcotics, Etc., and Selection of Imprisonment with prison labor concerning facts constituting an offense;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act ( normal consideration, such as the fact that he/she does not take narcotics again as he/she repents his/her confidence, and the fact that he/she surrenders himself/herself);

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Reasons for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. (Scope of Recommendation), medication, simple possession, etc. (b) and the basic area (in 10 to 2) of Part III (in 10 months) of the Act on the Control of Narcotics, etc. (in 200), consideration of the frequency and quantity of administered by the defendant, cooperation in investigation, serious reflectness, etc.

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