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(영문) 인천지방법원 2013.05.29 2013고단1352

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

In case of seizure, disposable dys (in case of dystroph 1) and medicinal disease (in case of dystroph 2) shall be confiscated.

Reasons

Punishment of the crime

On April 7, 2011, the Defendant was sentenced to one year of imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Jung-gu District Court on April 7, 201 and completed the execution of the sentence in the Gwangju Prison on February 29, 2012, and is not a person handling narcotics

1. The Defendant, at the end of January, 2013 to February, 2013, received approximately 0.3 g of psychotropic drugs from a deceased person on his/her name in front of the D department store in Daegu-gu, Daegu-gu, and kept them in custody.

2. At around 18:35, in a guest room located in Seo-gu, Incheon, Seo-gu, 306, approximately 0.1g of the said opphones were put in a disposable injection machine, dilutiond with bio-water and administered to left blood cells, and approximately 2:3 hours thereafter, approximately 0.2g of the opphones were put in a raw water lid at the same place and administered in a way that they are recorded in water.

2. On February 27, 2013, at around 19:00, the Defendant: (a) administered a philopon within the aforesaid FM 306, and (b) took part in a computer buphone installed in the said place, thereby destroying the guest room equipment so that the repair cost equivalent to KRW 18.50,00 should be required due to the opening of the guest room buphone, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

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

1. Narcotics appraisal reports, reports on requests for appraisal, and reports on requests for appraisal;

1. A criminal investigation report (a written estimate and a request for surveillance), and on-site photographs;

1. Investigation report (report on the market price of phiphonephones) and investigation report (report on the calculation of additional collection charges);

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records, investigation reports (report attached to a judgment), and personal identification and confinement status;

1. Article 60 (1) 2, Article 4 (1), and Article 2 subparagraph 3 (b) (the point of a visual phone medication) of the Act on the Control of Narcotics, Etc., Article 366 of the Criminal Act, and the choice of imprisonment with labor for the crime;

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

1. Aggravation for concurrent crimes;