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(영문) 인천지방법원 2016.12.23 2016고단8236
마약류관리에관한법률위반(향정)
Text

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

10,000 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

1. On September 2, 2016, at around 01:20, the Defendant possessed a philopon by inserting a disposable injection device containing approximately 0.13g of philopon in the mother and child, in the Ppark located in the Jung-gu Incheon Metropolitan City (O).

2. On November 17, 2016, around 17:00, the Defendant administered phiphonephones by inserting approximately 0.03 grams in a single-use injection machine in the Jung-gu Incheon, Jung-gu, Incheon, and melting them into water, and in injection into the arms, the Defendant administered phiphones.

Summary of Evidence

1. Defendant's legal statement;

1. Written appraisal of narcotics;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) (Article 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc. and Selection of Imprisonment with Labor) concerning the facts constituting an offense;

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

1. The proviso to Article 67 of the Act on the Management of Narcotics Additional Collection;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment [the decision of types] for sentencing under Article 334(1) of the Criminal Procedure Act of the Republic of Korea (the scope of recommendations) / [the scope of recommendations] basic area / 10-2 years / 10-3 years / [the result of the aggravation of multiple offenses] / 10-3 years / [the decision of sentence] / the defendant was released on September 1, 2016 after being sentenced to a suspended sentence of ten months / 10-3 years / the defendant was released on the same day as he was sentenced to a suspended sentence of ten months for a violation of the Act on the Control of Narcotics, Etc., and is currently pending in the appellate court as the defendant's appeal, and the defendant's act was committed on September 2, 2016, which is the following day after the release, or on November 10, 2016, which was pending in the appellate court trial.

In addition, even though the defendant had been punished for a drug-related crime in 2001, 2001, and 2003 three times, he again committed the crime in this case and the crime pending in the appellate trial.

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