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(영문) 서울중앙지방법원 2016.12.16 2016고합1119
마약류관리에관한법률위반(향정)등
Text

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

30,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

To the extent that the facts charged in the indictment do not disadvantage the defendant's exercise of his/her right to defense, some correction or correction was made according to facts obtained through the examination of evidence.

On June 12, 2013, the Defendant was sentenced to ten months of imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at Seoul Southern District Court (hereinafter “Seoul Southern District Court”) and completed the execution of the sentence on December 27, 2013, and is not a person handling narcotics.

1. On September 22, 2016, the Defendant injectedd psychotropic drugs into one’s arms within E-car cars parked near D Station, via E, psychotropic drugs, into water, and injected them into one’s arms in a single-use injection machine.

Accordingly, the Defendant administered philophones.

2. The Defendant, around October 13, 2016, parked in the vicinity of Yangcheon-gu Seoul, Yangcheon-gu Seoul, in the E’s vehicle volume, 200,000 won in return for the following: (a) Handphones and hemps were dried in sequence E’s vehicle volume.

Accordingly, the defendant purchased philophones and marijuana.

3. At the date, time, place, as described in the above 2.1 above, the Defendant injected phiphones purchased from E with water through E, and injected them into their arms by dilution with water through E.

The Defendant continued to inhale, as seen above, the hemps purchased from E with the influencies of the hemps.

Accordingly, the Defendant administered philophones, and smoked marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Each investigation report (the sequence 1, 11, 21 of the evidence list);

1. Each appraisal report, each request for appraisal, and each narcotics appraisal report;

1. Previous records before ruling: Criminal history records, inquiry reports, investigation reports (Evidence Nos. 19), application of Acts and subordinate statutes to the status of confinement of individuals;

1. Purchasing phiphones and purchase of Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under the relevant Act on Criminal Facts;

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