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(영문) 인천지방법원 2020.01.16 2019고단7905

마약류관리에관한법률위반(향정)

Text

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

Seized evidence 2, 5, and 8 shall be confiscated.

20,000 won from the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On October 1, 2019, the Defendant: (a) published approximately 0.1g of psychotropic drugs in Bupyeong-gu, Incheon; (b) Mebatop, a single-use injection instrument; (c) injected a philopon by inserting approximately 0.1g of psychotropic drugs into a single-use injection instrument; (d) dilution with water; and (e) injected the Defendant’s arms.

2. On October 2019, the Defendant administered philophones at the places described in paragraph 1 and at the places described in paragraph 1, the method described in paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. A letter of appraisal of narcotics issued by the National Institute of Scientific Investigation (2019-H-24058);

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Article 60(1)2 and Articles 4(1)1 and 2 subparag. 3(b) of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 16714, Dec. 3, 201; Act No. 1671, Dec. 3, 201; Act No. 1694, Jan. 2, 200

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of recommended sentences according to the sentencing criteria;

(a) Nos. 1 and 2 crimes [Violation of the Act on the Control of Narcotics, etc. (Determination of Punishment)] [Violation of the Act on the Control of Narcotics, etc.]; 01. Medication, simple possession, etc. (Type 3];

Items c) and c.

Title [Special Convicts] None [The area of recommendations and the scope of recommendations] basic area, 10 to 2 years of imprisonment

(b) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with labor for not less than ten months to three years;

2. The crimes of narcotics, etc. on which a sentence is imposed, need to be strictly punished for addiction and the personal and social harm resulting therefrom.

The Defendant committed the instant crime without complying with the summons of the police, even though he/she was punished for a suspended sentence due to the same crime in 2016, and voluntarily surrenders to the instant crime on or around September 2019.