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(영문) 서울중앙지방법원 2013.12.05 2013고단6773
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

The defendant is not a person handling narcotics.

1. On September 23:10, 2013, the Defendant received free of charge a disposable injection device with approximately 0.15 grams from E in his/her own car parked in front of the Defendant’s house located in the second floor of the Seoul Jung-gu D Building, and a single injection device with two folds (including two gatephones).

Accordingly, the defendant accepted philophones.

2. On October 9, 2013, around 23:30, the Defendant received, without compensation, a disposable injection device with approximately 0.15 grams from E in his own car parked in front of the Defendant’s house located in the second floor of the Seoul Jung-gu D Building, containing approximately 0.15g of philopon (including two partitionss in which philopon is included) and a disposable injection device with the inner part.

Accordingly, the defendant accepted philophones.

3. On October 14, 2013, at around 18:00, the Defendant administered philophones by inserting in a single-use injection machine and dilution with raw water, among philophones received from the above Defendant’s residence, as described in the preceding paragraph.

Accordingly, the Defendant administered philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Counseling and receipt of reports on narcotics-related crimes;

1. Seizure records;

1. Notification of the results of appraisal of narcotics, notification of the results of appraisal, and return of remaining appraised products;

1. Each investigation report (Evidence List 4, 9, 16, 17) law shall apply;

1. Relevant Article of the Criminal Act and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., and Selection of Imprisonment with prison labor;

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. The main sentence of Article 67 of the Act on the Control of Narcotics;

1. Reasons for sentencing in the proviso of Article 67 of the Act on the Control of Narcotics, etc. for the Collection of Additional Narcotic Drugs (decision of type).

Items c) and c.

Title, etc. (Scope of recommendations) 1 year - year.

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