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(영문) 인천지방법원 2014.04.30 2013고단8261

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

348,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. At around 01:00 on November 24, 2013, the Defendant put about approximately 0.05g of approximately 0.05g of the Metepia (i.e., a one-time psychotropic drug (i.e., a one-time philopon; hereinafter referred to as “philopon”), a single-time psychotropic drug, in the toilet of D funeral hall located in Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, in a single-time clopon, and dilutiond with tap water, and administered philopon by means of injection to the Defendant’s left neck.

2. On November 24, 2013, around 21:30, the Defendant: (a) placed approximately 0.05g of the penphonephone 0.05g, which was parked in the vicinity of the Yongsan-dong Incheon Metropolitan City, in a one-time injection machine; (b) injected a phiphone in a way of injecting it into the Defendant’s left part of blood.

Summary of Evidence

1. Defendant's legal statement;

1. Written requests for appraisal, reports on the appraisal of narcotics, etc.;

1. Application of Acts and subordinate statutes concerning investigation reports (additional collection, etc.);

1. Article 60 (1) 2, Article 4 (1), and Article 2 subparagraph 3 (b) (the point of receipt and delivery of, and medication for, the relevant criminal facts, Articles 60 (1) 2, 4 (1), and Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics

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

1. The grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection [348,00 won = = 870,000 won (the nationwide average retail price per 1 gram of penphonephone as of September 2013 near the time of sentencing] ¡¿ the grounds for sentencing of 0.4g;

1. Application of the sentencing criteria;

(a) Basic crime: Acceptance of philophones (determination of types) and sale, arrangement, etc. of narcotics, marijuana and perfumes;

Items c) and c.

Title, etc. [Scope of Recommendation] 1 and June 1 - 4 years (China, previous department)

(b) Concurrent crimes: Medication, simple possession, etc. of narcotic drugs, each phiphoneon medication (a decision of type);

Items c) and c.

Title [Scope of Recommendation] 1 year - 3 years (China, previous and previous)

(c) the range of recommended sentences revised according to the standards for handling multiple crimes: one year and six months of imprisonment; the lowest limit of six years and six months shall be one year, which is the lowest limit of the basic crimes;