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(영문) 인천지방법원 2014.07.23 2014고단3746
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On May 10, 2014, the Defendant, at around 21:00, injected water into a single-use injection instrument containing approximately 0.05g of psychotropic drugs, in the first floor toilet of the building located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, and administered it by means of dilution with the Defendant’s arms.

2. On May 11, 2014, at around 02:00, the Defendant, at the first floor toilets of the building in the Nam-gu Incheon Metropolitan City, contained 0.05g of philophones in a single-use injection instrument containing 0.05g of philophones, dumped water and administered it to the Defendant’s arms.

3. On May 11, 2014, at around 06:00, the Defendant dumped water into a disposable injection machine containing 0.05g of philopon from the toilet of the first floor of the non-building located in the Southern-gu Incheon Metropolitan City, Nam-gu, Incheon, and administered it to the Defendant’s arms.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for each appraisal;

1. Application of Acts and subordinate statutes to an investigation report;

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 imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act on the Suspension of Execution (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act, including the fact that a person has a previous offense, but has not repeated for a considerable period,

1. Probation and community service order under Article 62-2 of the Criminal Act;

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

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