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(영문) 인천지방법원 2016.02.17 2016고단89
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 December 10, 2014, the Defendant was sentenced to one year from the Incheon District Court to a violation of the Narcotics Control Act (competence). On August 21, 2015, the Defendant completed the enforcement of the said sentence at the Incheon Detention Center.

On December 27, 2015, at around 15:00, the Defendant injected approximately 0.03 grams of Mepta (one philopon; hereinafter “philopon”) which is a local mental medicine in the toilet at the residence of the Defendant, which was located in the Nam-gu Incheon Metropolitan City, Nam-gu 401, into the Defendant’s arms by dilution with water.

Accordingly, even if the Defendant is not a narcotics handler, he administered a philophone, which is a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of seizure and a list of seizure;

1. A statement and a document evidencing narcotics;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (report on confirmation of criminal suspect A repeated offense);

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

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

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. Class 3 (Special Sentencing factors: Reduction factors: Aggravation factors: Before the same criminal record (not more than three years of suspended execution) and before the same criminal record (not more than three years of suspended execution) or for two years, such as medication, simple possession, etc. of narcotics;

2. Determination of sentence: Determination of sentence of imprisonment with prison labor for August, and punishment for the crime of this case again has been committed during the period of repeated crime of this case; therefore, the liability for such crime is not easy.

However, since the defendant reflects the crime of this case, and has long been administered, it seems that there is room to open the criminal investigation agency by voluntarily surrenders himself/herself, and it does not repeat again.

The age, sex, environment, motive and circumstance of the crime, and circumstances after the crime.

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