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(영문) 의정부지방법원 고양지원 2019.05.02 2019고단524
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The Defendant is not a person handling narcotics, and the Defendant shall not administer psychotropic drugs so that the psychotropic drugs-related metropics ("copics"; hereinafter referred to as "copics").

On November 1, 2018, at around 18:00, the Defendant, at the residence of the Defendant in Gyeyang-gu Incheon Metropolitan City, put approximately 0.1g of philophones into a single-use injection machine, dilution with water, administered philophones by means of injection into his arms.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of suspect examination of D by the police;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection of Narcotics, etc., and Selection of Imprisonment with prison labor concerning facts constituting an offense;

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

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommendations according to the sentencing criteria (decision of types): 01. Medication, simple possession, etc. (Type 3) of narcotics crimes;

Items c) and c.

Table [Special Aggravation] Aggravations: Aggravation of the same previous conviction (not less than a three-year suspension of execution) (the scope of the recommended sphere and the scope of the recommended punishment), one year to three years of imprisonment.

3. The defendant who made a decision on sentencing recognizes and reflects the crimes.

The Defendant, at the Incheon District Court on August 30, 2018, sentenced three years to a suspended sentence of one year due to a violation of the Act on the Control of Narcotics, Etc., and the said judgment became final and conclusive on September 7, 2018, again committed the crime of medication in this case even during the suspended sentence period.

Punishment shall be determined by taking comprehensive account of the age, character and conduct, environment, motive, means and result of the crime, circumstances after the crime, etc.

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