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(영문) 서울중앙지방법원 2013.04.04 2012고단6476
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Criminal Power] The Defendant, at the Seoul Central District Court on April 28, 2011, was sentenced to a suspended sentence of two years for one year and sentenced to a suspended sentence of two years on May 7, 201, and is still under the grace period.

【Criminal Facts】

Even if the Defendant is not a person handling narcotics,

1. Around 20:00 on November 5, 2012, the Defendant injected approximately 0.03g of Mespopon, a Mespopon, which is a psychotropic drug spoponed by D, into a single-use injection machine, and dilution with paradon, and then injected the Mespopon into the Defendant’s office.

2. 11. 201

6. Around 20:00, at the Defendant’s residence of the building No. 301, approximately 0.03g of philopon 0.06g of philopon 0.06ghon clopon copon copon copon copon copon copon copon crison copon copon copon copon c

3. At around 20:00 on November 7, 2012, the Defendant’s residence included approximately 0.03 gramphones remaining after medication, as in paragraph 2, in a single-use injection machine, dilution with bio-dives, and injection of phiphones into the Defendant’s upper arms, and administered phiphones.

Summary of Evidence

1. Defendant's legal statement;

1. Written appraisal of narcotics;

1. Monthly trend of narcotics;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to a judgment);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes with crimes falling under the largest provision of paragraph (3) of the same Article) among concurrent crimes;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (determination of types), narcotics, medication, simple possession, etc.

Items c) and c.

Title [Special Convicted Persons] Aggravated Punishment - Imprisonment with prison labor for the same criminal records (not less than a three-year suspension of execution) (the scope of recommending punishment) from one year to three years (the area of severe punishment) (the decision of sentencing) is recognized by the defendant's mistake.

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