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(영문) 인천지방법원 부천지원 2014.10.07 2014고단1144
마약류관리에관한법률위반(향정)
Text

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

140,800 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On November 2013, 2013, the Defendant injectedd approximately 0.03 grams of psychotropic drugs delivered from F with water within a passenger car operated by F parked in the parking lot, and administered phiphones by means of injection to the blood line inside the arms of the Defendant using a disposable injection device.

2. On November 2013, 2013, the Defendant: (a) dumped F in a passenger car operated by the Defendant in front of the 924-year light village apartment 115-dong, Nam-gu, Incheon; (b) mixed F with water approximately 0.03 gramopon, delivered from F, and (c) administered phiopon in a way of injection into the bloodline inside the Defendant’s arms using a disposable injection device.

3. On May 18, 2014, at around 17:00, the Defendant, within a passenger car operated by G parked on the neighboring road of the Hearte apartment apartment located in the Southern-gu Incheon Metropolitan City, Nam-gu, the Defendant injected approximately 0.1g of philopon delivered from G with water, and administered philopon in a way of injection into the Defendant’s arms and spopon in the bloodline with a single-use injection device.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness F;

1. Report on the results of the preliminary test for narcotics and a written appraisal;

1. Application of Acts and subordinate statutes to a investigative report (report on the market price of narcotics, such as crypers);

1. Relevant Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., for which the relevant provision of the Act and the selection of a sentence are applicable to the crime, and the choice of imprisonment

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

1. In light of the fact that each of the crimes of this case has been committed in the period of postponement of execution due to the same kind of crime as the sentencing of the proviso of Article 67 of the Act on the Control of Narcotics, Etc., the defendant shall be sentenced to punishment.

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