logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2015.02.11 2014고단8917
마약류관리에관한법률위반(향정)등
Text

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

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

Reasons

Punishment of the crime

On May 24, 2012, the Defendant was sentenced to eight months of imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on May 24, 2012, and completed the execution of the above sentence at the Incheon Detention Center on June 10, 2012, and is not a

1. On October 2014, the Defendant violated the Act on the Control of Narcotics, etc. (flavoring) administered the psychotropic drugs in a way of injecting the Defendant’s arms at the Defendant’s home toilets located in Yeonsu-gu Incheon Metropolitan City, on November 21, 2014, after receiving approximately 0.03 grams of psychotropic drugs from psychotropic drugs-friendly W, the Defendant administered the psychotropic drugs in a way of injecting the said phiphone from the Defendant’s home toilets located in Yeonsu-gu Incheon Metropolitan City, by using the phiphone in a one-time injection device.

2. The Defendant, in violation of the Act on the Control of Narcotics, etc. (marijuths) committed a smoking act by making use of smoking portion, which was taken and kept in the vicinity of the construction site prior to the temporary border as referred to in paragraph (1) of this Article, and then smoking the marijuana in such a way as to inhale it with a fire attached thereto

Summary of Evidence

1. Defendant's legal statement;

1. Response to the request for appraisal;

1. Previous convictions: Application of criminal records, investigation reports (date of release and report on confirmation of repeated crimes and attachment of suspect rulings);

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 marijuana) of the Act on the Control of Narcotics, Etc., and the choice of imprisonment for the crime, 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. Grounds for calculation of the proviso to Article 67 of the Act on the Control of Narcotics, Etc.: 101,500 won = 1,500 won per penphones price of 1,00,000 won per penphones (the 1 minute price per marijuana in Seoul area); and

1. Application of the sentencing criteria;

(a) Basic crime: Medication of philophones (determination of types) narcotics, simple possession, etc.;

Items c) and c.

from 1 year to 20 years.

arrow