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(영문) 인천지방법원 2015.04.22 2014고단9397
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.

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

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. The Defendant violated the Act on the Control of Narcotics, etc. (flavoon) received approximately 0.03 g of psychotropic drugs from D at the home of D on June 2014, around 17:00, 17:00, a psychotropic drug, from D without compensation, and administered them by means of injection with the Defendant’s arms using a single-use injection device around that time.

2. The Defendant violated the Act on the Control of Narcotics, etc. (mariju) smoked marijuana in a manner that inhales the said marijuana tobacco by attaching fire to one of the said marijuana tobacco in the F Park located in the Dong-gu Incheon Metropolitan City around September 2014, while being in custody at the same time and at the same place as that referred to in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the protocol of interrogation of the police officer G;

1. Requests for each appraisal;

1. Application of Acts and subordinate statutes to an investigation report (calculated on suspect A's penphones and marijuana surcharges);

1. Article 60 (1) 2, Articles 4 (1), and 2 subparagraph 3 (b) (the point of receipt and delivery of, and medication in, a scopon), Article 61 (1) 4 (a), and Article 3 subparagraph 10 (the point of smoking in marijuana) of the Act on the Control of Narcotics, Etc., and the Selection of Imprisonment with labor for, the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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. Application of the sentencing criteria;

(a) Basic crime: One to two years of delivery, receipt, sale, arrangement, etc. of phiphonephones (determination of types): Narcotics; referring to marijuana, flag (b), item (c), etc.); 1 to two years;

(b) Concurrent Crimes 1: 10 to 2 years from the 10th of 100 - 2 years from the 3th of the administration, simple possession, etc. of scopon medication (a decision of type): the administration, simple possession, etc. of narcotics;

(c) Concurrent crimes: Smoking marijuana (determination of types): Medication, simple possession, etc.;

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