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(영문) 인천지방법원 2015.11.27 2015고단6791
마약류관리에관한법률위반(향정)
Text

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

On October 18, 2015, at around 23:00, the Defendant received approximately 0.05 grams from E, psychotropic drugs, Metepopa (one philopopon; hereinafter “philopon”) from E, and injected them into the Defendant’s arms by inserting them into a single-use injection machine and dilution with water.

Accordingly, even if the Defendant is not a narcotics handler, he received and administered psychotropic drugs-related psychotropic drugs.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol (Duplicate) of E;

1. Records of seizure and the list of seizure;

1. Written appraisal of narcotics;

1. Application of Acts and subordinate statutes to investigation reports (report on the market price of narcotics);

1. Article 60 (1) 2, Article 4 (1), and Article 2 subparagraph 3 (b) (the point of receipt and delivery of, and medication in, philopon) of the Act on the Management of Narcotics, Etc. for the Fact-finding, and the choice of imprisonment, respectively;

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: Reduction elements for types 2 (marijus, flags, flags, (b), (c), etc.): Reduction elements for medication: Aggravation factors for giving and receiving for medication: Relevant criminal records (not less than three years of suspended execution) (the scope of recommending punishment) / 8 months to 1 year and 1 months;

(c) Aggravation of multiple offenses: One year to three years.

2. Determination of sentence: Imprisonment with prison labor for the same kind of crime, the punishment for which is imposed on several occasions, and the punishment for a second offense is not minor even though it is in the period of suspension of the execution of the same kind of crime;

However, the fact that the defendant is against the crime of this case, there is a family member to support, the fact that the defendant has a single-aid relationship, and other things.

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