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(영문) 서울북부지방법원 2015.08.17 2015고단2013
마약류관리에관한법률위반(향정)
Text

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

Seized evidence No. 5 shall be confiscated.

488,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. On January 23, 2015, the Defendant purchased psychotropic drugs from the rest area in front of the Dongdaemun-gu Seoul Metropolitan Government Officetel at KRW 200,000 in cash, 200,000 from that time, and purchased approximately 0.25 g of philoon, which was entered into a single-use cell from D, from that time until June 13, 2015, from that time, from that time to June 13, 2015.

2. At around 23:10 on January 1, 2015, the Defendant: (a) inserted approximately 0.05g of oponononon in the male toilet of the first floor of Dongdaemun-gu Seoul Metropolitan Government Officetel into a single-use injection machine; (b) dilution with water; and (c) administered it in a way of injection into the sponon blood pipe, and thereafter, performed the medication of opon nine times in total, as shown in attached Table 2, from that time until June 13, 2015.

3. At around 01:45 on June 13, 2015, the Defendant possession of phiphonephones in a way that keeps approximately 0.14 grams of philophones contained in the single-use cell at the second floor male toilet of Dongdaemun-gu Seoul Metropolitan Government, in the paper, at the lower end.

Summary of Evidence

1. Defendant's legal statement;

1. Each seizure record of the police;

1. Reports on internal investigation (in response to requests for appraisal), persons conducting urine testing and written confirmations, investigation reports (measurement of the amount of seizure of phiphonephones), and drillings (involving investigation reports-involving requests for appraisal with the State);

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts (the purchase of philopon, medication, possession of philopon), and choice 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. The main sentence of Article 67 of the Narcotics Control Act;

1. The grounds for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. [the scope of recommending punishment], medication, simple possession, etc., and the basic area (10 to 2 years) of the Act on the Control of Narcotics, etc. (10 to 2 years).

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