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(영문) 인천지방법원 2014.09.24 2014고단5262
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.

Reasons

Punishment of the crime

On July 13, 2011, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Incheon District Court on July 13, 201, and completed the execution of the said sentence in the Daejeon Prison on January 5, 2013, and is not a person handling narcotics.

1. On June 2014, around the end of Incheon Gyeyang-gu, the Defendant administered a philophone in a way of dilution containing approximately 0.05g of psychotropic drugs in the Defendant’s car, which was constructed on a non-road in Gyeyang-gu Incheon Gyeyang-gu, Incheon, by inserting psychotropic drugs into a single-use injection machine with approximately 0.05g of psychotropic drugs (hereinafter “clogramphone”), and then inserting them into the Defendant’s arms.

2. At around 23:00 on July 11, 2014, the Defendant received and accepted approximately 0.05 gramopon, which was packed in paper C, at around July 23:00, at around July 11, 2014, on the roads of sublim sublims located in the Southern-gu Incheon Metropolitan Government sublime’s Dong.

3. At around 22:00 on July 15, 2014, the Defendant, at around 22:00 on July 15, 2014, administered 0.05 grams from the Defendant’s house living room located in Gyeyang-gu Incheon Gyeyang-gu Incheon, by inserting approximately 0.05 grams into a single-use injection machine, dilution the dilution, and inserting it into the Defendant’s arms.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure and photographs of seized articles;

1. Requests for each appraisal;

1. An investigation report (calculated additional charges);

1. Previous records: Inquiries and inquiries, investigation reports (verification of the date of final release from a court 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 delivery and receipt of soponphones) of the Act on the Management of Narcotics, Etc. and the Selection of Imprisonment with prison labor for the crime;

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: mariju or flaps (determination of types), such as the sale, purchase, arrangement, etc. of narcotic drugs on or around July 11, 2014;

Items c) and c.

(b) the recommendations, such as the items;

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