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(영문) 수원지방법원 성남지원 2015.02.06 2014고단2625 (1)
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

On December 22, 2011, the Defendant was sentenced to 10 months of imprisonment and 2 years of suspended sentence for committing a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on December 22, 201, and the said suspended sentence was revoked on August 30, 2012 and the said suspended sentence was revoked on September 2, 2013.

Defendant is not a narcotics handler.

[2014 Highest 2625] Around 01:00 on October 14, 2014, the Defendant administered a philopon by dilution approximately 0.05 g of psychotropic drugs, using a single-use injection device, at the home toilet located in Chungcheongnam-gun, U.S., 104 Dong 205, and A’s 105-dong 205.

[2014 Highest 2977]

1. On February 2014, 2014, the Defendant purchased and sold 300,000 won of philophones from V to V, before the boomed Y at the entrance of Gwanak-gu in Seoul Special Metropolitan City, where it is difficult to find out the trade name at the Y, the Defendant purchased and sold philophones from V.

2. On March 2014, the Defendant administered philophones by means of dilution approximately 0.05 g of philophones with a single-use injection device in Gangseo-gu Seoul Metropolitan Government Z, and injection them into the arms, using a single-use injection device.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness V;

1. Statement by the prosecution concerning V;

1. A written appraisal;

1. Investigation report (Attachment of V and suspect's trade name and currency details);

1. A criminal investigation report (verification of telephone conversations between a suspect and a witness for each criminal fact);

1. Each investigation report (calculated additionally), and the price of cancer transactions for narcotics;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., for which the relevant Article of the Act and the selection of a sentence are applicable to the crime, and the choice of imprisonment for

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

1. Article 37 of the Criminal Code among concurrent crimes.

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