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(영문) 인천지방법원 2016.10.14 2016고단4287
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

On July 2016, 2016, one injection unit used for the medication of seized phiphones.

Reasons

Punishment of the crime

On July 3, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of punishment on April 26, 2015 at Daejeon District Court on July 3, 2014.

1. At around 14:20 on July 6, 2016, the Metropopon administered by Defendant 307, the Metrophopon (hereinafter “Metrophopon”) inserted approximately 0.03 grams in the Donnam-gu, dong-gu, dong-gu, Yancheon-si, into a one-time-time-time-time-use-use-use-use-use-based-use-based-use-based-use-based-use-based-use-based-use-based-use-based-use-based-use-based-use-

Accordingly, even if the defendant is not a person handling narcotics, he administered psychotropic drugs.

2. On July 6, 2016, the Defendant: (a) concealed and kept a transparent vinyl paper containing 0.97ghon in the Defendant’s home page “Dless telephone” at around 17:39, 2016.

Accordingly, even if the defendant is not a person handling narcotics, he carried a psychotropic drug, which is a psychotropic drug.

Summary of Evidence

1. Defendant's legal statement;

1. Written appraisal of narcotics;

1. On-site photographs, disposable injection photographs, and 2-wing photo of philophones;

1. A report on investigation (calculated additional charges);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, written judgments and personal confinement;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) (Article 2 subparagraph 3 (b) (Article 60 (1) 2, Article 4 (1) 1, and Article 2 of the Act on the elective Control of Narcotics, Etc. of Specific Crimes

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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for the sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment [decision of types] for the sentencing of Article 334(1) of the Criminal Procedure Act, such as medication, simple possession, etc. of narcotics [special salvists] [Article 3(b) and (c)] increased factors, previous convictions (not less than a suspension of execution within three years), [the scope of the recommended area] increased area, one year or three years [the result of multiple-years aggravation] 1 to 4 years [the decision of sentence] defendant's criminal records, period of repeated crimes.

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