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(영문) 인천지방법원 2013.05.29 2013고단1745
마약류관리에관한법률위반(향정)
Text

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

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

On October 5, 2012, the Defendant: (a) inserted approximately 0.05g of Mesophacopon (i.e., one philoopon), a psychotropic medicine, into a single-use injection machine at the Nam-gu Incheon Metropolitan City Dmomophone (i.e., one philoopon); and (b) injected it by means of injection into the arms.

Summary of Evidence

1. Defendant's legal statement;

1. Additional reply to a request for appraisal, or a reply to an appraisal made on January 16, 2013;

1. Application of Acts and subordinate statutes to an investigation report;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the elective Management of Narcotics, Etc. concerning Criminal Facts and the Selection of Punishment;

1. The rationale for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the national average price of 100,000 won (one-time popon) is that the defendant has led to the instant crime, although he/she does not directly raise himself/herself, and that he/she has a young child for a considerable period of time is more favorable.

However, in light of the fact that the defendant made efforts to conceal the crime in the course of investigation, and even though he had been punished three times for the same crime, it is inevitable to sentence a sentence in consideration of the fact that the relationship with the narcotics and persons related to the narcotics in the surrounding area is not completely cut and recommitting

The punishment shall be determined in consideration of all the sentencing conditions, such as the circumstances mentioned above, the age, environment, family relationship, etc. of the defendant.

It is so decided as per Disposition for the above reasons.

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