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(영문) 인천지방법원 2017.12.14 2017고단6483
마약류관리에관한법률위반(향정)
Text

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

30,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[Criminal Records] The defendant 2016

3. A person who was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Daejeon District Court on April 25, 201 and completed the execution of the said sentence in the Daejeon District Court Branch of the Daejeon District Court on November 9 of the same year, who was sentenced to imprisonment with prison labor for the same crime on April 25, 2017.

[Criminal facts] Despite the fact that the Defendant is not a narcotics handler, the Defendant administered the Meteptop clopule (the so-called 'copulon', hereinafter referred to as 'copulon'), which is a local mental medicine, as follows.

1. On August 1, 2017, the Defendant put approximately 0.03g of phiphonephones into the guest room located in Nam-gu Incheon Metropolitan City, Nam-gu, for one time in the guest room of “D” and administered them by means of dilution with water.

2. On August 2017, the Defendant administered approximately 0.03 g of philopon at the guest room above D at the same time.

3. On August 22, 2017, the Defendant administered “F” 205 Mophones in Nam-gu Incheon Metropolitan City E around the new wall hours by the same method as 0.03 ghonphones.

Summary of Evidence

1. Statement by the defendant in court;

1. 112 Reporting case handling table;

1. Records and photographs of seized articles;

1. Each narcotics appraisal report, reply to a request for appraisal, and each investigation report;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (the confirmation of crimes during the period of suspect repeated crimes);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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

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

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The number of self-denunciation in the basic area (one month to two years) (one year) of crimes (one year to one year), the scope of the recommended sentence according to the sentencing guidelines, the scope of the recommended sentence [the scope of the recommended sentence] / the same criminal record (within three years).

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