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(영문) 인천지방법원 2014.11.26 2014고단7903
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On September 25, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence in a governmental prison on September 17, 2014, and was not a person handling narcotics.

On October 2, 2014, the Defendant administered psychotropic drugs by inserting 0.1g of psychotropic drugs in public toilets located on the 1st floor of the building located on the 601th floor in the city of Pakistan and the 11st floor in the 11st floor in the building of the Solar Village apartment, and drinking water.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for each appraisal;

1. A criminal investigation report (related to the calculation of a surcharge and the request for collection preservation);

1. Previous records: Criminal records and other inquiries, and criminal investigation reports (applicable to criminal records of the same kind and attachment of criminal records by a suspect, and confirmation of a criminal suspect's repeated crime);

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

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

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 (decision of type) shall be prescribed for administration, simple possession, etc. of narcotics;

Items c) and c.

Sub-paragraph (Scope of Recommendation Form) 1 to 3 years (China, Eastern Department)

2. The sentence is to be sentenced in light of the fact that the defendant's decision on the sentence recognized his mistake and is in depth divided, but the sentence is to be sentenced in light of the fact that the defendant re-offendered from the date of completion of the sentence due to the same crime to only one month, and that the response to the training of phiphonephones occurs

In addition, the defendant's age, character and conduct, environment, and other various sentencing conditions specified in Article 51 of the Criminal Act, which are shown in the records of this case, shall be sentenced to the same punishment as the disposition.

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