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(영문) 인천지방법원 2014.07.23 2014고단2417

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

It shall be confiscated with 18 injection devices which have been seized.

from the defendant 721.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On March 13, 2014, the Defendant, on March 13, 2014, received and purchased approximately one gram of philopon, sent from the Gangnam bus terminal located in Seocho-gu Seoul, Seocho-gu, Seoul, as a part of the Defendant’s purchase of philopon.

2. On March 13, 2014, the Defendant, at the same time and time as in the preceding paragraph, injected approximately 0.05g opon into a single-use injection machine at the toilet at the Gangnam-high speed bus terminal, and injected it by means of dilution into the Defendant’s arms.

3. On March 15, 2014, the Defendant administered philophone medication in the same manner as the preceding paragraph on March 15, 2014, around 22:00, the Defendant administered approximately 0.05g of philophone in the Jung-gu Incheon Metropolitan City C commercial toilet.

4. On March 15, 2014, the Defendant, holding phiphones, carried on March 15, 2014, in a manner that contains and keeps 0.18g phiphones in a vinyl store in Jung-gu Incheon Metropolitan City, Jung-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

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

1. Requests for appraisal;

1. Application of Acts and subordinate statutes to an investigation report;

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

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 Act on the Management of Confiscated Narcotics;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. subject to Additional Collection = 721,600 won = 880,000 won (the nationwide average retail price per gram as of February 2014 nearest at the time of sentencing) ¡¿ (1g - 0.18g) 】 (1g);

1. Application of the sentencing criteria;

(a) Basic crime: mariju or flaps purchased (decision of type) on March 13, 2014, such as the purchase, sale, arrangement, etc. of phiphones;

Items c) and c.

Title, etc. (Scope of Recommendation) 1 year to 2 years (Basic Area)

(b) Concurrent Crimes: Narcotic drugs on March 13, 2014.