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(영문) 인천지방법원 2016.05.13 2016고단1274
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On November 7, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (compact) at the District Court for the Defendant’s District Court on November 7, 2013, and completed the execution of the sentence on September 2, 2014.

1. The Defendant: (a) received Metectopphones (one philophones; hereinafter “philophones”) from December 2014 to January 2015; (b) received a disposable injection device from E free of charge containing approximately 0.05 grams in the D hotel parking lot located in Dongducheon-si, Dongducheon-si; and (c) received from E.

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

2. On March 2, 2016, the Defendant: (a) inserted philophones received from toilets at the point G’s parking lot “Pacheon Radon Radon” located in “Pacheon Radon F” on March 2, 2016 into a single-use injection machine; (b) melting them into water; and (c) administered them into the Defendant’s arms.

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. Written appraisal of narcotics, etc. as of the urinal test;

1. Investigation report (verification of the current market price of mert cancer and calculation of additional collection charges);

1. Previous convictions in judgment: Inquiry about criminal history, reporting on investigation (verification of the same type of repeated crime), and application of the statutes of the judgment;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for the Fact-finding and the Selection of Punishment (the receipt of phiphones, the fact of medication, and the selection of punishment by imprisonment);

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. Reasons for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (the amount equivalent to one-time medication on a penphone);

1. Basic crimes subject to the sentencing guidelines [the scope of the recommended punishment] types of crimes subject to the punishment guidelines [the scope of the punishment] types 2 (the scope of the recommended punishment, marijuana, b. item (c) and item (c)] of crimes subject to the aggravation (1 to 3 years) of the aggravated area (1 to 1 year) of the aggravated area (1 to 3 years) [the specially aggravated person] and concurrent crimes subject to the suspension of execution (not less than 3 years of the suspended execution) before and after the same species [the scope of the recommended punishment] trade, mediation, etc.

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