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(영문) 인천지방법원 2015.01.21 2014고단7901
마약류관리에관한법률위반(향정)
Text

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

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On September 10, 2010, the Defendant was sentenced to 10 months of imprisonment with prison labor and 3 years of suspended execution for committing a violation of the Act on the Control of Narcotics, Etc. in the Suwon District Court’s Ansan Branch, and was sentenced to 8 months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. at the Incheon District Court on August 10, 201, and the suspended execution was revoked on December 26, 2011, and the said suspended execution became final and conclusive on April 13, 2012, and was not a person handling narcotics.

1. On February 11, 2013, at around 17:00 on February 11, 2013, the Defendant administered 0.03g of psychotropic drugs from C, a psychotropic drug, from the Defendant’s body-based car stopping in the vicinity of sublime in the Southern-gu Incheon Metropolitan Council, in a way that the Defendant injecteds 0.03g of psychotropic drugs to the Defendant’s body using the instant philopon in the form of a single philopon.

2. From October 6, 2014 to October 15, 2014, the Defendant administered philophones in an irregular manner from October 6, 2014 to October 15, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Requests for each appraisal;

1. Report on investigation (related to the claim for an additional collection and collection preservation order);

1. Previous convictions in judgment: Inquiries, reports on personal identification and confinement, application of Acts and subordinate statutes to investigation reports (Attachment to criminal records of a suspect);

1. Article 60 (1) 2, Article 4 (1), and Article 2 subparagraph 3 (b) (the point of administration of phiphonephones) of the Act on the Management of Narcotics, Etc. and the Selection of Imprisonment with prison labor for the crime;

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. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. Application of the sentencing criteria;

(a) Basic and concurrent crimes: the crimes of violation of the Act on the Control of Narcotics, etc. (determination of types) in its holding;

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