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(영문) 인천지방법원 2015.09.09 2015고단2278
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

98,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge.

Reasons

Punishment of the crime

On February 7, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on February 7, 201, and completed the execution of the sentence in the official prison on May 24, 2012.

At around 00:30 on April 6, 2015, the Defendant dived C with a cash of KRW 98,000 on the street near the literature district located in the Nam-gu Incheon Metropolitan City, and received a single-use injection device containing approximately 0.05g of psychotropic drugs, such as a psychotropic drug, and then moved into the commercial building located in the neighboring area, and dived with a single-use injection device containing approximately 0.05g of psychotropic drugs, and then injected into the Defendant’s arms.

Accordingly, even if the defendant is not a person handling narcotics, he traded psychotropic drugs, and administered them.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol regarding C;

1. Records of seizure and the list of seizure;

1. Requests for appraisal, and additional replys to requests for appraisal;

1. Previous convictions in judgment: Application of Acts and subordinate statutes on criminal records, reply reports, personal identification and confinement status;

1. Article 60 (1) 2, Article 4 (1), and Article 2 subparagraph 3 (b) (the point of transaction or medication of scoponphones) of the Act on the Management of Narcotics, Etc. and the Selection of Imprisonment with prison labor for the 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: Type 3 (D (Special Aggravation) (D.) (D.) (D.) (D. (D. (D.) and (c))) (D.) (D. (D. (D.))) (D.) (D.) (D. (D.)) (D.) (D. (D. (D.)) (D. (D.)) (D.)

(b) Concurrent Crimes: Sale and purchase of philophones (determination of type), narcotic sales, arrangement, etc., for marijuana of category 2, and flaps;

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