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(영문) 인천지방법원 2014.01.22 2013고단7970
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On November 26, 2010, the Defendant was sentenced to one year and six months by violating the Act on the Control of Narcotics, Etc. at Seoul High Court on November 26, 201, and was not a person handling narcotics, who completed the sentence in the Chuncheon Prison on January 10, 2012.

1. At around 16:00 on March 1, 2013, the Defendant administered approximately 0.03 g of psychotropic drugs, which are psychotropic drugs received without compensation from D, in the area of the Defendant’s residence at around 14:00, Nam-gu Incheon, Incheon, Nam-gu, Incheon, for administration, Mauritius.

2. At around 16:00 on November 26, 2013, the Defendant administered 0.03 g of philopon, which was given free of charge from D, in the domicile of the Defendant, at around 15:00 on the same day, to coffee.

Summary of Evidence

1. Defendant's legal statement;

1. Responses to requests for appraisal and report on investigation (report on the confirmation of wire as a result of appraisal);

1. A report on investigation (report on the current price);

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (former records and report on confirmation of judgment);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of a sentence;

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 reason for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. by Additional Collection = 200,000 won = 10,00 won (the national average price for one-time medication) ¡¿ 2 times medication) of the Act on the Control of Narcotics, Etc. by the defendant is the circumstances in which the defendant confessions the crime of this case, repents the mistake as his/her own name, and his/her family wants to take the lead of the defendant,

However, it is inevitable to sentence the defendant again to commit the crime of this case within the repeated crime period after being sentenced to imprisonment for the same crime.

All kinds of sentencing, such as normal conditions and the defendant's age, environment, family relationship, health status, etc.

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