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(영문) 인천지방법원 2015.11.27 2015고단4966
마약류관리에관한법률위반(향정)등
Text

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

150,000 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

On August 28, 2013, the Defendant was sentenced to one year in Incheon District Court for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence in Incheon Detention Center on August 27, 2014.

On June 15, 2015, at around 17:00, the Defendant d, at the residence of the Defendant in Bupyeong-gu Incheon Metropolitan City, injected the number of products into the Defendant’s arms by dilutioning the number of products into a single-use injection instrument containing mecopic spopic spopic spopic spopic spopic spopic spopic spopic spopics (hereinafter “copic spopic”). At the end, the Defendant dpopic spopic spopic spopic spopics

Accordingly, even if the Defendant is not a person handling narcotics, he administered psychotropic drugs, and smoked marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

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

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

1. Previous convictions in judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes concerning personal identification and confinement;

1. Article 60 (1) 2, Articles 4 (1), and 2 subparagraph 3 (b) (the point of a scopon medication) of the Act on the Control of Narcotics, Etc., subparagraph 4 (a) of Article 61, Article 3 subparagraph 10 (the point of a smoking in marijuana) of the Act on the Control of Narcotics, Etc., and the choice of imprisonment for each 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. The proviso to Article 67 of the Narcotics Control Act;

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

1. Application of the sentencing criteria;

(a) Basic crime: 1 to 3 years of the previous conviction (not more than a three-year suspended sentence) for the same kind of crime (not more than a three-year suspended sentence). In the case of an aggravated element for the medication, simple possession, etc. of a scopon medication (a determination of a type of punishment), the medication, simple possession, etc. of narcotics;

(b) Concurrent Crimes: Types II (ma), such as medication, simple possession, etc. of marijuana (the determination of types), of smoking (the special salute) of marijuana;

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