인천지방법원 2015.01.14 2014고단7443



A person shall be punished by imprisonment with prison labor for not less than three months and by imprisonment for not more than eight months with respect to the second crime as stated in the judgment of the defendant.



Punishment of the crime

On June 28, 2012, the Defendant was sentenced to eight months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Western District Court (hereinafter “Seoul Western District Court”), which became final and conclusive on October 17, 2012, and completed the execution of the sentence at the Seoul Southern District Court on December 14, 2012. On April 2, 2014, the Incheon District Court sentenced six months of imprisonment for a violation of the Act on Probation and Electronic Monitoring, etc. of Specific Offenders, which became final and conclusive on July 18, 2014, and completed the execution of the sentence at the Incheon Detention District Court on July 25, 2014, and was not a person handling narcotics.

1. From February 2013 to January 2014, the Defendant, who possesses a philophone, kept the psychotropic drugs-related Mesofters (i.e., “philophone”; hereinafter referred to as “philophones”) in the Dorogate room located in Seo-gu, Incheon, Seo-gu, and the second floor.

2. On October 3, 2014, the Defendant administered philophone medication in a way that he/she injecteds approximately 0.07 gopon into the Defendant’s arms in his/her arms using a disposable injection device after dilutioning about 0.07 gopon into water at the toilet for the Domaa site on October 3, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding E;

1. Statement made by the police to the F;

1. Records of seizure, list of seizure and photographs of seized articles;

1. Requests for each appraisal;

1. A written appraisal;

1. Report on investigation (related to the claim for an additional collection and collection preservation order);

1. Previous records: References to criminal records, investigation reports (former records and attachment of court records, and attachment of recent criminal suspects' judgments) shall apply;

1. Article 60 (1) 2, Articles 4 (1), and 2 subparagraph 3 (b) (the point of possession or medication of a written phone) of the Act on the Management of Narcotics, Etc. and the Selection of Imprisonment with prison labor for the crime;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 and Article 39(1) of the Criminal Act concerning concurrent crimes (the first crime in the market)

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Sentencing the proviso of Article 67 of the Narcotics Control Act.