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(영문) 인천지방법원 2014.07.02 2014고단2940

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

400,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On October 10, 2011, the Defendant was sentenced to eight months in Daejeon District Court for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the said sentence in the Daejeon Prison on January 28, 2012, and was not a person handling narcotics.

1. On July 2013, the Defendant administered a popon in the middle of 22:00 p.m. in the middle of July 2013, using approximately 0.03g of psychotropic drugs by dilution with water at the Defendant’s home of 107, Daegu Dong-gu, Daegu-gu, Daegu-gu (hereinafter referred to as “copon”).

2. On November 201, 2013, the Defendant administered approximately 0.03 grams at the home of the Defendant’s above Defendant’s office in the same manner as Paragraph (1).

3. On January 2014, the Defendant administered approximately 0.03 grams at the above Defendant’s home in the same manner as Paragraph 1, around January 22, 2014.

4. On April 5, 2014, the Defendant administered approximately 0.02 grams at the home of the above Defendant around 19:00 on April 5, 2014 in the same manner as Paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A response to a request for appraisal, a reply, and a reply;

1. Investigation report (inspection of the market price of phiphonephones);

1. Previous convictions in judgment: Application of inquiry reports, A confinement records, investigation reports (Attachment of judgment) Acts and subordinate statutes;

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

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

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

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. Application of the sentencing criteria (decision of type) shall be prescribed for administration, simple possession, etc. of narcotics;

Items c) and c.

Sub-paragraph (Scope of Recommendation Form) 1 to 3 years (China, Eastern Department)

2. Each philophone medication is established and concurrent crimes are established, but the sentence to be considered below shall be the upper limit of the recommended punishment for a single crime.