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(영문) 인천지방법원 2016.11.29 2016고단6969

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than two months.

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

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

On July 9, 2014, the Defendant was sentenced to one year to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on April 29, 2015, and completed the execution of the sentence at the Incheon Detention Center on April 29, 2015, and on May 13, 2016, the Defendant was sentenced to imprisonment with labor for one year and six months at the Incheon District Court on May 13, 2016 and the said judgment became final and conclusive on October 28, 2016.

1. On September 2015, the Defendant inserted approximately 0.05g of philophones into a single-use injection machine at the Defendant’s residence located in Nam-gu Incheon Metropolitan City C 103, and melted them with water, and administered them in the Defendant’s arms.

2. On December 2, 2015, the Defendant: (a) provided F with approximately 0.06g of philophones in front of the E court located in Nam-gu Incheon Metropolitan City, for a single-use fluor, around the street in front of the E court; (b) free of charge.

3. Around February 20, 2016, the Defendant inserted approximately 0.05g of opon in the H “H” telephone G in Bupyeong-gu, Incheon, into a single-use injection machine, melted the Defendant’s arms.

Therefore, even if the defendant is not a person handling narcotics, he administered psychotropic drugs twice, and received them once.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Records of seizure and the list of seizure;

1. A narcotics appraisal report and a gene appraisal report;

1. Each investigation data and each investigation report;

1. A report on investigation (calculated additional charges);

1. Previous records of judgment: Results of inquiry, investigation reports (Attachment of the same criminal records before the same judgment), investigation reports (verification of the facts pending in the judgment), application of Acts and subordinate statutes stating the accused's statutory statement;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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;

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

1. The proviso to Article 67 of the Narcotics Control Act;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the order of provisional payment.