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(영문) 인천지방법원 부천지원 2012.11.30 2012고단1821
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The seized 0.2g (No. 2) and four injection equipment (No. 3).

Reasons

Punishment of the crime

[Criminal Power] On June 2, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Daejeon District Court on June 2, 201, and completed the execution of the sentence on May 25, 2012.

【Criminal Facts】

1. On October 24, 2012, the Defendant, around 18:00 on October 24, 2012, administered 0.03g of psychotropic drugs using a single-use injection device, after dilutioning approximately 0.03g of psychotropic drugs with a single-use injection device, at the mutual influent telecom in the vicinity of the influor C Hospital in Bupyeong-si, Seocheon-gu, Busan.

2. From October 25, 2012 to October 15:30, 2012, the Defendant possessed a phiphone by means of inserting it into the Defendant’s handets, from October 25, 2012, after being issued a 0.2 gram of phiphone from D, which was administered with phiphones at the above telephones from the above telephones around October 25, 2012.

3. On October 25, 2012, the Defendant administered approximately 0.03 gramphonephones in the foregoing manner around October 25, 2012, around 23:00, the Defendant administered 0.03 gramphones in Bupyeong-gu, Incheon, Bupyeong-gu, Incheon.

4. On October 26, 2012, the Defendant administered approximately 0.03 gramphones in the aforementioned manner around October 26, 2012, around 09:00, the Defendant administered approximately 0.03 gramphones.

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect regarding D by the prosecution;

1. Each protocol of seizure;

1. The report on the result of simplified drug inspection;

1. Each narcotics appraisal statement (I), (II);

1. A criminal investigation report (report on the market price of narcotics, such as crypers, etc.);

1. Previous records of judgment: Application of criminal records, results of search of prisoners, and investigation reports (report attached to judgment, etc. during the period of repeated crimes A) Acts and subordinate statutes;

1. Relevant legal provisions and Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) (each point of the administered phiphone or of possession) of the Act on the Control of Narcotics, Etc., and choice of imprisonment with prison labor for the crime;

1. Aggravation of repeated crimes: Article 35 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Confiscation: Article 67 of the Act on the Control of Narcotics, Etc.

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