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(영문) 인천지방법원 2014.09.03 2014고단4113
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

276,00 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On January 14, 2009, the Defendant was sentenced to eight months of imprisonment for a violation of the Act on the Control of Narcotics, etc. in the Chuncheon District Court's Gangnam Branch, and was not a person who completed the execution of the sentence in the Gangnam Prison on July 15, 2009, and was not a person handling narcotics.

1. On July 4, 2011, around 23:00 on July 4, 201, the Defendant purchased philophones with approximately KRW 300,000 to E on the street near the “DKable” located in Nam-gu Incheon Metropolitan City, and purchased 0.3g of psychotropic drugs from E, a psychotropic drug (one clickphone; hereinafter “philophone”).

2. On April 2014, the Defendant: (a) injectedd approximately 0.05 grams of philopon in the Defendant’s residence at 20:0 early April 2014, at 2014, at the Defendant’s dwelling at 20:0, Seopon Ftel 610, Incheon, and administered them in a way of injection with the Defendant’s selling blood transfusion using a single-use injection device.

3. On June 12, 2014, the Defendant administered approximately 0.05 gramphones in the above Defendant’s residence at around 17:00 on June 12, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (E's report on analysis of the currency details);

1. Requests for each appraisal;

1. Report on investigation (related to the claim for an additional collection and collection preservation order);

1. Previous records: Application of inquiry results, investigation reports (Attachment of a written judgment and attachment of a suspect to the current status of confinement) Acts and subordinate statutes;

1. Article 60(1)3, Article 4(1), and Article 2 Subparag. 4(b)(i) of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 10786, Jun. 7, 201); Articles 60(1)2 and 4(1), and 2 subparag. 3(b)(i) of the Act on the Control of Narcotics, Etc.; Articles 60(1)2 and 4(1) and 2 subparag. 3(b) of the same Act on the Management of Narcotics, Etc.; and each choice of imprisonment with labor, respectively.

1. Article 35 of the Criminal Act among repeated offenders (with respect to the purchase of philophones on the market)

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

1. Grounds for calculation of the proviso to Article 67 of the former Narcotics Control Act: 276,00 won = 276,000 won; and

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