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(영문) 서울북부지방법원 2015.09.18 2014고단2428
마약류관리에관한법률위반(향정)
Text

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

250,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On February 2, 2014, the Defendant purchased approximately 0.03 g of psychotropic drugs, which are psychotropic drugs contained in the single-use injection machine, from his/her name in the street in the vicinity of Jongno-gu Seoul, Jongno-gu, Seoul, for 17:00, and administered them by means of dilution with 1.50,000 won, at the Defendant’s residence located in Seongbuk-gu, Seoul, Seoul, for the same day, at KRW 201, by dilution with phiphones contained in the said single-use injection machine into the bloodline.

2. On June 20, 2014, on June 20, 2014, the Defendant: (a) purchased 100,000 won from F’s BM X6 vehicles operated by D Schools located in Dobong-gu Seoul Metropolitan Government for E protection; and (b) purchased 0.1g of philophones contained in the single-use injection machine from F in the G Schools located in Dobong-gu Seoul Metropolitan Government for E protection; (c) around 19:00 on the same day, the Defendant administered 0.03g of philophones in the above Defendant’s dwelling in the same manner as above.

3. On June 21, 2014, the Defendant administered approximately 0.05 g of phiphones in the above Defendant’s residence at around 13:00 on June 21, 2014.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement related to G;

1. Application of the narcotics appraisal statement I, II Acts and subordinate statutes;

1. Article 60(1)2, Article 4(1)1, Article 2 Subparag. 3(b) of the former Narcotics Control Act (Amended by Act No. 12495, Mar. 18, 2014); Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(1)2, and Article 4(1)3(b) of the Narcotics Control Act (Amended by Act No. 12495, Jun. 20, 2014); Articles 60(1)2, and 4(1)1, and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc.; Articles 20(1)1, and 22 subparag. 3(b) of the same Act (Amended by Act No. 12524, Jun

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

1. The basic area (0-2 years from October to 2) of the Act on the Control of Narcotics, Etc. shall be the grounds for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the scope of recommendations), medication, simple possession, etc.

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