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(영문) 인천지방법원 2014.07.09 2014고단3427
마약류관리에관한법률위반(대마)등
Text

A defendant shall be punished by imprisonment for one year.

101,500 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On March 18, 2013, the Defendant was sentenced to six months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at Seoul Southern District Court on March 18, 2013, and completed the execution of the sentence at the Incheon Detention Center on July 10, 2013.

1. Around January 28, 2014, the Defendant violated the Act on the Control of Narcotics, etc. (marijuana) put in an office located in Yeonsu-gu Incheon Metropolitan City C 305 and smoked from marijuana in a manner of smoke emitted from the outside with a fire attached thereto.

2. Around 21:00 on April 28, 2014, the Defendant violated the Act on the Control of Narcotics, etc. (flavoring) administered 0.03g of psychotropic drugs in the mutual influence in the south-dong public health clinic located near the Nam-dong Incheon Nam-gu Incheon Metropolitan City, in a way of dilutioning approximately 0.03g of psychotropic drugs into a single-use croposis, using a single-use injection device, and administering them in a way of injecting the Defendant’s croposis.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Copy of a protocol of police interrogation regarding E;

1. A list of marijuana smoking smoke cans, photographs, records of seizure and list;

1. A response to a request for appraisal, a reply, and a reply;

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

1. Records before ruling: Criminal records and other inquiries, and the application of the first interrogation protocol of the accused to the prosecution;

1. Article 60 (1) 2, Articles 4 (1), and 2 subparagraph 3 (b) (the point of a scopon medication) of the Act on the Control of Narcotics, Etc., Article 61 (1) 4 (a), and Article 3 subparagraph 10 (the point of a smoking in marijuana) of the Act on the Control of Narcotics, etc., and the Selection of Imprisonment with prison labor;

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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. Application of the sentencing criteria;

(a)basic crime: Handphone medication (determination of type);

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