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(영문) 서울동부지방법원 2014.05.15 2014고단768
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. At around 22:00 on December 7, 2013, the Defendant received approximately 27 g of psychotropic drugs, which are psychotropic drugs contained in the airbags, from E, in the pawned area of the E in Busan Shipping Daegu D, on December 7, 2013.

Accordingly, the defendant accepted philophones.

2. Medication of phiphones.

A. The Defendant put approximately 0.03g of the said phiphonephones into a single-use injection machine at the time and place under the foregoing Paragraph 1, dilution with water, and then injection into the arms blood pipe;

(b) in early 20:30 on January 2014, inserting approximately 0.03g of philopon into a single-use injection machine at the Defendant’s residence of Songpa-gu Seoul F apartment 225 Dong 1201, 1201, and dilution with water, and in spopon injection into the spopon;

(c) put about approximately 0.03 g of philophones in a single-use injection machine at the same place at approximately 03:00 following the foregoing paragraph, dilution with water, and in injection with arms and dives;

D. From March 2014, around 20:0, at the same place as the above-mentioned B, approximately 0.03g of philophones were put in a disposable injection machine, dilution with water, and then injection was made in arms blood cells.

Accordingly, the Defendant administered philophones more than four times.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the suspect against the defendant;

1. Protocol of the police statement concerning G;

1. Police seizure records;

1. Investigation report (related to response reports on narcotics, etc. as a result of appraisal);

1. Application of Acts and subordinate statutes to photographs of seized articles;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) (Article 2 subparagraph 3 (b) (Article 60 (1) 2, Article 4 (1) and Article 2 of the Act on the Control of Narcotics, etc

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

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. Grounds for sentencing under Article 67 of the Act on the Management of Narcotics, etc. subject to Confiscation and Collection;

1. The scope of sentence recommended according to the sentencing guidelines [the determination of types]. Narcotics crimes. Trade, good offices, etc. (Type 2: b.) [the determination of the recommended area] basic area [the scope of sentence by recommendation] [the scope of sentence by one year or two years].

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