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(영문) 인천지방법원 2013.11.27 2013고단4765
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On September 21, 201, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on September 21, 201, and completed the execution of the sentence in the Daegu Prison on August 23, 2012.

【Criminal Facts】

The defendant is not a person handling narcotics.

1. In June 2013, the Defendant: (a) opened approximately 0.05g of psychotropic drugs located in a single-use injection machine from E, and opened KRW 100,000 in return, from the toilets of the first floor of the D building located in the Southern-gu Incheon Metropolitan City, Incheon; (b) opened approximately 0.05g of psychotropic drugs located in a single-use injection machine from E.

On the other hand, the defendant puts aquatic water into a single-use injection containing approximately 0.05g of the above philophone and injected it into the defendant's left arms bloodline.

Accordingly, the Defendant traded and administered philophones.

2. Around July 23, 2013, the Defendant: (a) received from the Defendant’s franchiseer HG car parked in a parking lot near G store located in Bupyeong-gu Incheon, Incheon; (b) approximately 0.05g of philophones contained in a disposable injection machine from H free of charge.

On the other hand, the defendant puts aquatic water into a single-use injection containing approximately 0.05g of the above philophone and injected it into the defendant's left arms bloodline.

Accordingly, the defendant accepted and administered philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on requests for appraisal and investigation reports (the response to the results of the false appraisal);

1. On-site photographs and photographs of each narcotics image system (H and E);

1. A investigation report (verification of prices for cancer transactions for narcotics);

1. Previous records of judgment: Criminal records, inquiry records of prisoners, reports on the results of confirmation of the previous disposition, application of Acts and subordinate statutes to investigation reports (previous records of suspects and attachment of judgment);

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 a sentence;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The Act on the Management of Narcotics, etc. for Additional Collection;

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