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(영문) 인천지방법원 2018.05.17 2018고정648
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] On May 12, 2016, the Defendant was sentenced to one year and six months, confiscation, and additional collection KRW 500,000,000, and the judgment became final and conclusive on October 13, 2016.

[2] The Defendant, who is not a person handling narcotics, is not a person handling narcotics, should not trade, assist in the trade of, accept, possess, possess, possess, use, manage, prepare, administer, or provide mephones, which are a local mental medicine (hereinafter referred to as “chinephones”).

Nevertheless, the Defendant administered philophones by inserting approximately 0.03g of 0.35g of philophones purchased from D to 2.55g of 0.35g of clophones purchased from D to 2.50,000, in a single-use injection machine, and in a way of injecting them into her arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. A protocol concerning the examination of suspect with regard to D (three times);

1. A investigation report (a counter investigation into persons involved in the cartel conduct);

1. Previous convictions in judgment: Application of Acts and subordinate statutes of case search and judgment;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act include: (a) the Defendant recognized the facts charged in the instant case; (b) the facts charged in the instant case are only limited to one time, and the offense of violation of the Act on the Control of Narcotics, Etc., for which the judgment became final and conclusive, and the instant offense are concurrent crimes with the latter part of Article 37 of the Criminal Act; and (c) the amount of the fine prescribed in the summary order should be reduced partly by taking into account the following: (a) the amount of the fine should be determined at the same time under Article 39(1)

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