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(영문) 인천지방법원 2015.03.18 2015고단615

마약류관리에관한법률위반(향정)

Text

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

Seized evidence No. 1 shall be confiscated.

20,000 won from the defendant.

Reasons

Punishment of the crime

On August 9, 2013, the Defendant was sentenced to one year and two months as a crime of violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on August 9, 2013, and completed the execution of the sentence in the port prison on August 17, 2014, and was not a person handling narcotics.

1. On August 19, 2014, the Defendant administered approximately 0.1g of psychotropic drugs, in the dwelling of the Defendant, Seo-gu Incheon, Seo-gu, Seo-gu, 1, Dong 107, by dilutioning them into coffees.

2. On January 23, 2015, the Defendant: (a) injected approximately 0.1g of philophones into water at the dwelling of the above Defendant; and (b) administered them by means of injection with the Defendant’s arms using a disposable injection device.

Summary of Evidence

1. Defendant's legal statement;

1. Seizure records;

1. Each request for appraisal, reply to appraisal, and reply to appraisal;

1. Investigation report (related to the calculation of a surcharge and the claim for an order of preservation for collection);

1. Previous records of judgment: Criminal records, etc., inquiry reports by individuals, identification and confinement status, application of Acts and subordinate statutes to investigation reports (former records and attachment of judgment);

1. Selection of Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, etc. under Relevant Acts concerning criminal facts, as well as the selection of imprisonment, respectively;

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. 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. Application of the sentencing criteria;

(a) Basic crime: 1 to 3 years of the previous conviction (not more than a three-year suspended sentence) for the same kind of crime (not more than a three-year suspended sentence). In the case of an aggravated element for the medication, simple possession, etc. of a scopon medication (a determination of a type of punishment), the medication, simple possession, etc. of narcotics;

(b) Concurrent Crimes: Aggravation of Category 3 (D. (Special Aggravation) (A.m. (A. and (c))) (A. (A. and (c))) (A. (A.)) of c. (A. (A.) of c. (A.) of c.i.f., c.