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(영문) 인천지방법원 2014.11.05 2014고단4111
마약류관리에관한법률위반(향정)
Text

A person shall be punished by imprisonment with prison labor for not less than two months, and a person shall be punished by imprisonment with prison labor for not less than eight months.

Reasons

Punishment of the crime

On January 5, 2012, the Defendant was sentenced to two years and six months of imprisonment and four years of suspended execution for a violation of the Act on the Control of Narcotics, Etc. at Seoul Southern District Court on January 5, 2012, and the said judgment became final and conclusive on November 16, 2012 and is currently under the grace period.

The defendant is not a person handling narcotics.

1. On January 2012, 2012, the Defendant received a single-use injection device free of charge, containing approximately 0.1g of psychotropic drugs, from E, at the underground parking lot for officetels located in Nam-gu Incheon Metropolitan City, Nam-gu, at around 04:00, the Defendant received them.

2. On September 2012, 2012, the Defendant, who administered a philophone, scopon medication, dilating it into the Defendant’s arms after dilution with approximately 0.1g of philoopon, which was delivered at the mutual incompetel located in the Nam-gu Incheon Metropolitan City F, as set forth in paragraph 1, at the early patrol.

3. On June 3, 2014, the Defendant received and accepted a disposable injection device, free of charge, for which approximately 0.03g of opphones were dilutiond from H, from the house of Nam-gu Incheon Metropolitan City, Nam-gu 101 Dong-dong 1, Dong-gu 101, at H on June 3, 2014.

4. On June 3, 2014, the Defendant administered 0.03 gramphones delivered at the same time and at the same place as Paragraph 3, in a way of injection to the Defendant’s arms.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each police interrogation protocol of I and E;

1. Requests for each appraisal;

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

1. Previous records: Inquiries and inquiries, and the application of Acts and subordinate statutes to investigation reports (Attachment to the same type of accused rulings, etc.);

1. Relevant statutory provisions on criminal facts, and Articles 60(1)3 and 4(1), and 2 Subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 10786, Jun. 7, 201); and narcotics, etc., for which punishment is selected.

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