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(영문) 인천지방법원 2015.10.29 2015고단5378
마약류관리에관한법률위반(향정)
Text

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

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

Reasons

Punishment of the crime

[Criminal Power] On January 10, 2012, the Defendant was sentenced to imprisonment with prison labor for one year and six months for the crime of violation of the Narcotics Control Act, etc. at Suwon District Court on May 15, 2013, and completed the execution of the sentence in the Daegu Prison on May 15, 2013.

【Criminal Facts】

1. The Defendant committed a crime in January 2015, the Defendant, around 23:00 on the mid-term 23:00, added approximately 0.05g of philopon to the Defendant’s arms at the Defendant’s house located in the Dong-gu Incheon Metropolitan City, and injected it into the Defendant’s arms.

Accordingly, even if the defendant is not a person handling narcotics, he administered psychotropic drugs.

2. On February 2, 2015, the Defendant: (a) placed approximately 0.05 grams in the Defendant’s house on February 17, 2015 at around 17:00, in a single-use injection device; (b) injected into the Defendant’s arms after dilution with 0.05 grams at the Defendant’s house as described in paragraph (1).

Accordingly, even if the defendant is not a person handling narcotics, he administered psychotropic drugs.

3. The Defendant committed a crime in March 2015, which was around 22:0 on March 22, 2015, added approximately 0.05g philopon to the Defendant’s arms at the home of the Defendant as indicated in paragraph (1), and injected it into the Defendant’s arms.

Accordingly, even if the defendant is not a person handling narcotics, he administered psychotropic drugs.

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. Each request for appraisal;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records, investigation reports (verification of the fact that a repeated crime is committed), and personal identification and confinement status;

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 the relevant criminal facts and the Selection of Punishment for Crimes;

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. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. [Scope of Recommendation] Medication, simple possession, etc., and the basic area (one hundred to two years) of the basic area (one hundred to two years) of the Act on the Control of Narcotics, etc. / The number of self-denunciation and the same three years before the same year.

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