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(영문) 인천지방법원 2015.10.15 2015고단3555
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[Criminal Power] On November 27, 2013, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on November 27, 2013, and completed the enforcement of the sentence at the Incheon Detention Center on July 8, 2014.

【Criminal Facts】

1. On December 2014, 2014, the Defendant injectedd the Defendant’s arms by inserting approximately 0.05g of psychotropic drugs at the Defendant’s house located in Bupyeong-gu Incheon Bupyeong-gu C and 205, in a single-use injection machine containing approximately 0.05g of psychotropic drugs (i.e., “clophone”; hereinafter “clophone”).

Accordingly, the Defendant administered psychotropic drugs, even though he is not a narcotics handler.

2. On January 1, 2015, the Defendant: (a) injectedd water into the Defendant’s arms at the Defendant’s house on January 2015, 2015, containing approximately 0.05g of psychotropic drugs, into a disposable injection machine with approximately 0.05g of psychotropic drugs.

Accordingly, the Defendant administered psychotropic drugs, even though he is not a narcotics handler.

3. On June 1, 2015, the Defendant, around 23:00 on June 1, 2015, injected water into the Defendant’s arms by inserting it into a disposable injection machine containing approximately 0.03 grams of philophones in Nam-gu, Incheon, Nam-gu.

Accordingly, the Defendant administered psychotropic drugs, even though he is not a narcotics handler.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (in relation to a place where a suspect administered a phiphone on the lower order of December 2, 2014, January 1, 2015).

1. Each request for appraisal, reply and statement on narcotics appraisal;

1. Notification of a department related to reporting 112 cases;

1. Previous convictions: Application of criminal records and investigation reports (limited to previous convictions and attachment of judgment) and Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc., concerning the relevant criminal facts and the Selection of Punishment;

1. Article 35 of the Criminal Act among repeated crimes;

1. The Criminal Act among concurrent crimes.

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