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(영문) 서울중앙지방법원 2014.07.24 2014고단2630
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

101,500 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. The Defendant violated the Act on the Control of Narcotics, etc. (mariana) at around 19:00 on March 2014, 2014, deducteds the inner part of the Defendant’s house of 2nd floor C, Jung-gu, Seoul, from 19:0, the Defendant puts a cigarette into the house of 3rd floor of Seoul, and puts the cigarette into the house, puts it into the flater with the flater, and dysn

Accordingly, the Defendant smoked marijuana.

2. Around 20:00 on April 1, 2014, the Defendant violated the Act on the Control of Narcotics, etc. (flavoring) added tap water to a disposable injection machine that contains approximately 0.03g of philopon at the house of heading D and E, No. 201 E, and injected it into the Defendant’s arms.

Accordingly, the Defendant administered philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The application of Acts and subordinate statutes, including a report on the inspection of narcotics, a report on investigation (the response to the reaction to the training of narcotics, etc.), and a reply to requests for appraisal by the State;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., Article 61 (1) 4 (a), and subparagraph 10 (a) of Article 3 of the Act on the Control of Narcotics, Etc., and Selection of Imprisonment with prison labor for the crime;

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

3. Reasons for sentencing under the proviso of Article 67 of the Act on the Management of Narcotics, Etc. [the scope of recommending punishment] : 8 months to 2 years (the result of the decision of sentencing) : Although there has been the past record of having been sentenced to the same kind of crime and having completed the execution thereof, the normal circumstances favorable to the fact that the crime in this case was committed: The defendant's age, environment, the background and contents of the crime in this case, and the circumstances after the crime, etc. shall be determined as ordered in consideration of the sentencing conditions under Article 51 of the Criminal Act.

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