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(영문) 인천지방법원 2017.08.24 2017고단5040
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

20,000 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

[criminal history] The Defendant was sentenced to eight months of imprisonment with labor for a violation of the Narcotics Control Act in the Incheon District Court’s Vice-Support on November 2015, and completed the execution of the said sentence at the Child Training and Training Correctional Institution on June 16, 2016.

[Criminal facts]

1. On July 14, 2016, at around 21:00, the Defendant put approximately 0.1g of a single-use camper (i.e., one philopon; hereinafter referred to as “philopon”) in the stairs of the F market building near the Incheon Gyeyang-gu apartment B, and melted them into water, and then injected into the Defendant’s arms.

2. On July 19, 2016, at around 17:00, the Defendant put approximately 0.1g of disposable philopon into the stairs of the common entrance of the 5th floor of the above B apartment building, and melted with water, and injected into the Defendant’s arms.

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

Summary of Evidence

1. Statement by the defendant in court;

1. An appraisal report and an investigation report on each narcotics (calculated of an additional collection charge);

1. Previous records: Results of inquiry, results of investigation (Attachment to the same kind of power attached), application of Acts and subordinate statutes concerning the status of personal confinement;

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 prison labor for each type of crime;

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 proviso to Article 67 of the Narcotics Control Act;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant had a record of criminal punishment over about 10 times due to robbery, etc., and that the Defendant was punished about 4 times for the same kind of crime. The instant crime is a same repeated crime. The circumstances after being examined by an investigative agency in relation to the medication of the instant case, even after being examined by the investigative agency, are very difficult to do so, and the fact that phiphones are detected from the hair.

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