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(영문) 인천지방법원 2013.08.28 2013고단2170

마약류관리에관한법률위반(향정)

Text

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

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On September 8, 2011, the Defendant was sentenced to imprisonment of one year and two months for a violation of the Act on the Control of Narcotics, Etc. at the Suwon District Court on September 8, 201, and completed the execution of the sentence in the Ansan Prison on December 1, 201, and is not a narcotics handler.

At around 17:00 to 18:00 on the first day of December 2012, the Defendant, at around 2012, administered a psychotropic drug, which is psychotropic drugs sealed by E at the mebat at the coffee shop near the D Hospital located in Gangnam-gu Seoul, Seoul, for free, once per hour per cam for psychotropic drugs (including approximately 0.05 g.), and administered it at the same place by burning it to the coffee.

around 23:40 on January 23, 2013, the Defendant administered 0.1g of philopon in the passenger room on the third floor of the Manch-gu Seoul, Jung-gu, Seoul, by using a one-time injection device for the injection of approximately 0.1g of philopon into the spopon.

Summary of Evidence

"2013 Highest 2170"

1. Defendant's legal statement;

1. Requests for appraisal;

1. Investigation report (report on the market price of phiphonephonephones) 2013 group 4057 group ;

1. Defendant's legal statement;

1. Each prosecutor's statement of H (including copies thereof);

1. Investigation report (report on the market price of phiphonephonephones) ;

1. The application of Acts and subordinate statutes concerning criminal records, investigation reports (in cases of previous convictions and attachment of court records), copies of each written judgment, and current status of personal identification and confinement;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of a sentence;

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 reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. by Additional Collection = 200,000 won = 10,00 won (the national average price for a single medication x twice) x the defendant is making a confession of the crime of this case, and the defendant's family member also wishes to cease philopon, and the circumstances where the defendant's family member also desires to take the lead of the defendant are favorable.