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(영문) 수원지방법원 성남지원 2014.09.05 2014고단475
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On September 22, 2011, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Western District Court on September 22, 201, and completed the execution of the sentence at the Seoul Southern Detention Center on July 26, 2012.

Defendant is not a narcotics handler.

1. On February 26, 2014, at around 19:00, the Defendant administered clograms by inserting approximately 0.05g 0.05g of psychotropic drugs in a single-use injection machine (hereinafter “clograms”) on behalf of the Defendant by using a injection machine, thereby dilution them into a single-use injection machine, and on behalf of the Defendant, Party E administered clograms by means of injecting them into the Defendant’s left left part jumpos.

2. At around 15:00 on February 27, 2014, the Defendant, at the same place as the above 1.1.1, administered phiphones by inserting approximately 0.05g of philophones into a single-use injection machine, by using the injection machine on behalf of the Defendant, and instead of the Defendant, injected philophones by injecting the Defendant’s left left part in lieu of the blood pipe.

3. On February 27, 2014, at around 23:40, the Defendant: (a) received an application from the Defendant himself to request to temporarily keep in custody within the HEt in front of the HEt located in Daegu-gu, Daegu-gu, upon receipt of a request from the Defendant J on the upper part of the Defendant for approximately 0.18 grams and approximately 0.14g of philopon; and (b) possessed a philopon.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the legal statement made by the accused J;

1. Records of seizure and the list (including photographic materials);

1. Requests for appraisal;

1. Photographs of the arrest site;

1. One copy of a investigation report (additional collection charges) and a list of price lists of narcotics, etc.;

1. Previous convictions: Application of Acts and subordinate statutes to criminal records, written judgments and investigation reports (the confirmation date of the date of release);

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

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