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(영문) 인천지방법원 부천지원 2016.05.31 2016고단519
마약류관리에관한법률위반(향정)
Text

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

24,500 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On July 25, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Jeonju District Court, and completed the execution of the sentence at the official prison on August 20, 2015.

Defendant is not a narcotics handler.

1. On October 3, 2015, at around 18:00 to 19:00, the Defendant granted to I approximately 0.1g g of Mesopha (one philopopon; hereinafter “philopon”) a part of Melopic mental medicine, in a mutual influorial pen located in H of Gyeonggi-gu Apopic Group H.

2. The Defendant, at the same time and place as Paragraph 1, 0.03g of philophonephones were put in a single-use injection instrument, dilutiond with biocom, and administered them by means of injection to the Defendant’s arms and blood cells.

3. On February 29, 2016, around 20:00, the Defendant administered approximately 0.05g of philophones in the trade name in the Northern-dong, Busan, in a way of hanging beer in the beer.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's protocol of interrogation of the accused (including each part of the I and J's statement);

1. A protocol concerning the examination of suspect by the police against J;

1. Statement made by the police to J;

1. A simplified test report on the results of the preliminary test for narcotics, a report on the results of the preliminary test for narcotics, an appraisal report on narcotics, a report on the investigation (report on the market price of narcotics), and a report on drilling of narcotics;

1. The application of Acts and subordinate statutes to inquiries about criminal history, investigation reports (Attachment of judgment text, etc.), and investigation reports (Attachment of inquiry into confinement);

1. Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. and Selection of Punishment for Crimes, Articles 60 and 60 (1) 3 and 2 of the same Act on the Management of Narcotics, etc. and Selection of Punishment

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 reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the calculation of a surcharge by the market price as of January 1, 2016 after the defendant was administered twice and delivered 0.1g camcamcamcams) is to be taken into account that the defendant has administered camcams during the period of repeated offense even though he was punished ten times for the same crime.

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