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(영문) 인천지방법원 2016.11.29 2016고단6830
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

20,000 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 August 20, 2015, the Defendant was sentenced to imprisonment of one year and two months for the violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on August 20, 2015, and completed the enforcement of the sentence in the Chuncheon Prison on May 15, 2016, and was not a person handling narcotics, but a person handling narcotics, who is not a person handling narcotics, and was not a person handling narcotics, the Defendant administered a phiphone as follows.

1. On September 25, 2016, the Defendant administered philophones by inserting approximately 0.05g of philophones in a single-use portable toilet located in Jung-gu Incheon, Jung-gu, Incheon, and in a way of injecting them into the arms after being melted with water.

2. On October 8, 2016, the Defendant administered philophones by inserting approximately 0.05 grams in a single-use injection machine at the same place as the preceding paragraph, and melting them with water, and administering philophones by injecting them into arms.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Each report on investigation;

1. A narcotics appraisal report (the base of a suspect - the training of phiphones);

1. Investigative report (calculated additionally), price of narcotics traded;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (the confirmation of crimes during the period of repeated crimes of suspects), and application of Acts and subordinate statutes concerning personal confinement;

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., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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

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. The scope of the recommended sentence according to the sentencing guidelines: The scope of the final sentence according to the aggravated punishment due to the aggravated punishment for the same criminal record (not more than a three-year suspended sentence) and the aggravated punishment for multiple criminal records of the same kind (not more than a three-year suspended sentence). One year and four years and six months:

2. The decision of sentence shall be made by the accused for the same crime; and

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