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(영문) 인천지방법원 2017.01.20 2016고단8279
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

480,000 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

On November 6, 2013, the Defendant was sentenced to one year to imprisonment with prison labor for a violation of the Narcotics Control Act in the Chuncheon District Court's original state branch for a violation of the Act on the Control of Narcotics, etc., and completed the execution on November 5, 2014.

1. On November 2015, the Defendant received approximately 0.14 grams from D in the park located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, for a single-use cron, at least 22:00.

Accordingly, even if the Defendant is not a narcotics handler, he received philophones, which are a local mental medicine.

2. On November 27, 2015, the Defendant received 0.1g of philophones from D for free before the convenience store located in the F dry Part E at the Government-si, and then injected approximately 0.03g of philophones from D for free on November 29, 2015 at the hold located in the Nam-gu Incheon Metropolitan City G around November 29, 2015, and then injected approximately 0.03g of philophones received from the telephones into the Defendant’s arms after inserting approximately 0.03g of clophones received from the telephones located in the Nam-gu Incheon Metropolitan City.

Accordingly, even if the Defendant is not a narcotics handler, he received and administered philophones, which are a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect examination of D; and

1. The details of each currency;

1. A statement on narcotics appraisal;

1. A report on investigation (calculated additional collection charges);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal history inquiry, sentence, and confinement of defendants;

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. for the Fact-finding and the Selection of Punishment (the receipt of phiphones, the fact of medication, and the selection of punishment by imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1)) of the Criminal Procedure Act (amended by Act No. 1020, Feb. 2, 2007).

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