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(영문) 인천지방법원 2016.04.22 2016고단1133

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On November 26, 2014, the Defendant was sentenced to imprisonment for one year and four months for a violation of the Narcotics Control Act in this court, and completed the execution of the sentence on November 19, 2015.

On March 2, 2016, at around 13:00, the Defendant inserted approximately 0.02 grams of Meteptop cam (one philopon; hereinafter “philopon”) in the guest room located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon, in a single-time injection machine, and melted the Defendant’s arms with water.

Accordingly, even if the Defendant is not a narcotics handler, he administered a philophone, which is a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the results of the preliminary test for narcotics and a written appraisal of narcotics;

1. Previous conviction in judgment: Application of Acts and subordinate statutes concerning criminal history inquiry, sentence, identification of each individual and status of confinement;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. concerning facts constituting an offense (the choice of imprisonment with prison labor);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Grounds for the sentencing of the proviso to Article 67 of the Act on the Control of Narcotics, Etc. (the amount equivalent to one-time medication) [the types] / [the determination of types] 3 (b) and (c) / (the special sentencing factor / the special sentencing factor / the suspended execution within three years) of the same criminal history (the scope of the recommended area / the aggravated punishment ] / one year to three years (the decision of sentence / the volume of the defendant's crime, the number of times, the history of the crime, etc. shall be considered;