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(영문) 인천지방법원 2018.04.20 2018고단317
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence No. 1 shall be confiscated.

10,000 won from the defendant.

Reasons

Punishment of the crime

On August 29, 2014, the Defendant was sentenced to nine months of imprisonment with prison labor for a violation of the Narcotics Control Act (fence) at the Seoul Southern District Court on December 20, 2014, and completed the execution of the sentence on December 20, 2014.

Despite the fact that the Defendant is not a narcotics handler, the Defendant received and administered the Metropha (copon hereinafter referred to as the “copon copon copon copon copon copon hereinafter), which is a local mental medicine, as follows:

1. On October 28, 2017, around 22:00, the Defendant received the amount of philophones from E, which contained a single-use fraud (one-time injection) in the vicinity of D located in Nam-gu Incheon Metropolitan City, Nam-gu.

2. On December 1, 2017, the Defendant, at around 16:00 to 17:00, administered in a way of dilution with water in the first place of residence of the Defendant, 120 Dong-dong, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, with the volume of philophone non-phones contained in the Defendant’s 120-dong 1310-dong 1310, in which the Defendant injected them into his arms.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on seizure and an appraisal report on narcotics;

1. A investigative report (related to the price for cancer transactions and collection of narcotics);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, investigation report (verification of criminal records of the same kind as the suspect and attachment of judgment);

1. Relevant Article of the Act on the Management of Narcotics, etc. for the Fact-finding and the Selection of Punishment; Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. for the Selection of Punishment; and the Selection of Imprisonment with labor;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 of the Act on the Aggravated Punishment, including the scope of punishment recommended, medication, simple possession, etc. (as referred to in items (b) and (c) of the Act on the Aggravated Punishment and the Aggravated Punishment and the Aggravated Punishment (as referred to in items (i) to (iii) of the Act on the Aggravated Punishment and the Aggravated Punishment and the Aggravated Punishment and the Aggravated Punishment

(b) Category 2 (b)(i)(s)(i)(s) and (iii)(s)(s)(s)(s)(s)(s)(i)(s)(s)(s)(s)(i)

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