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(영문) 인천지방법원 2015.11.27 2015고단6913
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 August 22, 2013, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on August 22, 2013, and completed the execution of the said sentence at the Ansan Prison on March 26, 2014.

At around 15:00 on March 27, 2015, the Defendant: (a) laid off a psychotropic drug from D in front of the building Nam-gu Incheon Metropolitan City, about 0.05 grams of psychotropic drugs, and then injected the said gramphone into the Defendant’s arms by inserting it from the toilet of the building located in Bupyeong-gu Incheon Metropolitan City on the same day at around 20:00 on the same day.

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. Copy of the protocol of suspect examination of D by the police;

1. Records of seizure and the list of seizure;

1. A written appraisal (2);

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

1. Previous records of judgment: Criminal records and investigation reports (verification of criminal suspects' repeated crimes and attachment of judgment) shall apply to statutes;

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. 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 III (a) (a) (a special scopic person) (a special scopic person) (a) and (b) and (c)) (a special scopic person): Reduction element: At least three years (a period of suspended execution within three years) before the same criminal record (a period of suspended execution within three years): Ten months to two years;

(b) Concurrent Crimes: Reduction elements for types 2 (mariju, flavotionb, item (b) and (c), etc.) (special salvists): Acceptance and delivery for medication / Aggravation elements for self-denunciation: Within 3 years from the same criminal history and the same offense;

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