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(영문) 인천지방법원 2019.09.26 2019고단2246
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

30,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[Criminal Power] On May 23, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Suwon District Court on January 23, 2016 and completed the execution of the said punishment on July 7, 2017.

【Criminal Facts】

Defendant is not a narcotics handler.

1. On December 12, 2018, the Defendant, at the Defendant’s residence located in Namdong-gu Incheon Metropolitan City, put psychotropic drugs in a single-use injection machine with 0.08gg of psychotropic drugs (i.e., one-time clopon; hereinafter “copon”) and dumped water, and administered them in a way of injection into the left part of blood.

2. On March 2019, the Defendant: (a) inserted Pyeongtaek-si Macel’s No. D; (b) 0.08g of phiphones into a single-use injection machine; and (c) injected them into the left arms bloodline.

3. On April 5, 2019, the Defendant, at the residence of the Defendant located in Nam-gu Incheon Metropolitan City, put 0.08ghon into a single-use injection machine and dilution water, administered the left part in a way of injecting it into the blood pipe.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Records of seizure and the list of seizure;

1. A narcotics appraisal report and a response to each request for appraisal (narcotics appraisal report and gene assessment report);

1. Each investigation report (report on hearing F phone statements, calculation of additional collection charges, and confirmation of Defendant A vehicle);

1. Recording recording recording recording recording;

1. Each photograph;

1. One copy of the regular CCTV photograph, one copy of the answer to the register of motor vehicles, and one copy of the response to the data on family relation certificates;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports (a) and Acts and subordinate statutes to criminal records, investigation reports (the confirmation of crimes during the period of identical criminal records and repeated crimes);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Scope of recommended sentences according to the sentencing criteria;

(a)crimes 1, 2, 3;

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