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(영문) 인천지방법원 2015.04.01 2014고단7988
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten 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

On July 26, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Chuncheon District Court on July 26, 201, and completed the execution of the said sentence in the North Korean Prison Three Correctional Institutions on August 3, 2013, and was not a person handling narcotics.

1. On April 30, 2014, the Defendant received approximately 0.2 g of psychotropic drugs from Domophones, E, a psychotropic drug, from the Domoto, in the vicinity of the Young-gu, Young-gu, Young-si (hereinafter “Woophones”).

2. At around 10:00 on May 1, 2014, the Defendant administered a vehicle in front of the Defendant’s house located in Yeonsu-gu Incheon Metropolitan City F by means of injection with approximately 0.1g of philophones delivered as set out in paragraph 1 using a disposable injection device for the Defendant’s arms.

3. On May 10, 2014, the Defendant administered the remainder of 0.1g of the penphonephones delivered from the Defendant’s home located in Yeonsu-gu Incheon, Incheon, in a way that wraps the coffee.

Summary of Evidence

1. Defendant's legal statement;

1. Response to the request for appraisal;

1. Each investigation report (calculated additional collection charges and accompanied by a copy of the indictment filed against the suspect merchant boat);

1. Previous records of judgment: Criminal records and investigation reports (report on confirmation of repeated crimes, and attachment of judgment) shall apply to statutes;

1. Article 60 (1) 2, Article 4 (1), and Article 2 subparagraph 3 (b) (the point of receipt and delivery of, and medication in, philopon) of the Act on the Management of Narcotics, Etc. for the Fact-finding, and the choice of imprisonment, respectively;

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 proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Application of the sentencing criteria;

(a) Basic crime: Acceptance, sale, arrangement, etc. of phiphonephones (determination of types): Recommendations for the same kind of crime (not less than three years of suspension of execution) (including marijuana, natives (b), items (c), etc.) and (c), etc.): Reduction element: Recommendations for the same kind of crime (not less than three years of suspension of execution);

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