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(영문) 인천지방법원 2014.11.19 2014고단5261

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On September 6, 2012, the Defendant was sentenced to one year and four months for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on September 6, 2012, and completed the execution of the said sentence in the Daegu Prison on April 29, 2013, and was not a person handling narcotics.

1. On January 20, 2014, the Defendant, at around 17:00 on January 20, 2014, used phiphones by means of inserting approximately 0.05g of psychotropic drugs, a psychotropic drug, in the Defendant’s car, which was set up in front of the mutual influorial main points located in the Nam-gu Incheon Metropolitan City, Nam-gu, by means of inserting them into C’s arms using a disposable injection device where approximately 0.05g of psychotropic drugs (one philophone; hereinafter referred to as “philophones”).

2. On May 28, 2014, on May 28, 2014, the Defendant administered philophones by a method of drinking philophones in which approximately 0.05 grams of philophones were dilutiond from the frequency of trade in the territory of the Nam-gu Incheon Metropolitan City, on May 28, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of a protocol of suspect examination of police officer C;

1. Inquiries about the details of currency;

1. Response to the request for appraisal;

1. A report on investigation (calculated additional charges);

1. Previous convictions: Inquiries, written inquiries, investigation reports (Attachment to the same type of crime), and application of Acts and subordinate statutes concerning the current status of personal identification;

1. Article 60 (1) 2, Articles 4 (1), and 2 subparagraph 3 (b) (the point of use or medication of a penphone) of the Act on the Management of Narcotics, Etc., and the choice of imprisonment with prison labor for the crime;

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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. Application of the sentencing criteria;

(a) Basic crimes and concurrent crimes: The crimes of violation of the Act on the Control of Narcotics, etc. (determination of types) shall be administered, simple possession, etc. in the holding;

Items c) and c.

Sub-paragraph (Scope of Recommendation Form) 1 to 3 years (China, Eastern Department)

B. The scope of recommendation punishment revised according to the standards for handling multiple crimes: imprisonment with prison labor for a period of one year to four years, and the lower limit of six years is the lower limit of the basic crime.