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(영문) 인천지방법원 부천지원 2014.10.17 2014고단2203
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for two years.

For disposable divers (unusedd divers, divers No. 3), single divers.

Reasons

Punishment of the crime

On February 6, 2013, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at Seoul Northern District Court on February 6, 2013, and completed the execution of the said sentence in a female prison on June 12, 2014.

Defendant is not a narcotics handler.

1. Around July 2014, the Defendant, at the residence of the Defendant located in Dongjak-gu Seoul Metropolitan Government, put approximately 0.05g of psychotropic drugs Meptiles (one philopopon; hereinafter “philopon”) in a single-use injection machine and dilution with bio-velopon, and injected them into his arms.

2. From around 04:00 to 05:00 on August 7, 2014, the Defendant put about approximately 0.03g of each penphone into a single-use cell, dilution with the Defendant’s arms and body, and injected into the Defendant’s arms and body in the same way as 0.05g of opphonephones in the Defendant’s arms and body.

3. On August 20, 2014, at around 18:00, the Defendant injected approximately 0.05g of phiphones into a single-use injection machine, and dilution them with raw water, and then injected them into a blood relative in his/her arms.

4. On August 21, 2014, at around 10:30, the Defendant possessed a phiphone in a manner that put about 0.1g of philophones into the Defendant’s bridges and put them into the Defendant’s bridges.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution with respect to F;

1. Additional reports on each seizure record, list, photographs, respective appraisal records, and requests for expert opinion;

1. A criminal investigation report (report on the market price of narcotics, such as cambapers);

1. Records before judgment: Application of inquiry reports and investigation reports (Attachment to the current status of personal identification) including criminal records, etc.;

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 imprisonment, respectively;

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

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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