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(영문) 인천지방법원 2013.11.06 2013고단5895
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.

Reasons

Punishment of the crime

[Criminal Power] On January 10, 2012, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Jung-gu District Court on January 10, 201, and completed the execution of the sentence at the Seoul detention center on April 19, 2013.

【Criminal Facts】

Defendant is not a narcotics handler.

1. On September 2, 2013, the Defendant: (a) inserted approximately 0.05gg of psychotropic drugs purchased from the sale of psychotropic drugs in the public toilets near the D Arts Complex located in Gangnam-gu Seoul Metropolitan Government; (b) added approximately 0.05g of psychotropic drugs purchased from the sale of narcotics in the form of “E” in the form of a single-use crophone; and (c) added approximately 0.1g of approximately 0.1g of crophones into a single-use crophone; and (d) injected crophones by inserting them into the Defendant’s left croke in the form of injection.

2. On September 3, 2013, the Defendant: (a) inserted approximately 0.05g of the instant philophones purchased into a single-use cream; (b) added the remainder of the instant clophones purchased into a single-use cloppy cell; and (c) injected clophones into the Defendant’s left cloppy in a way of injecting them into the Defendant’s left cloppy.

Summary of Evidence

1. Defendant's legal statement;

1. Written reply to a request for appraisal;

1. Investigation report (verification of prices for cancer transactions for narcotics);

1. Previous conviction in judgment: Application of criminal records, investigation reports, investigation reports (Attachment to the same criminal records), confirmation reports of the fact of release from prison, and Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (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 a sentence;

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 reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (one-time average nationwide price of 100,000 won x two-time) is that the Defendant has led to the instant crime, but the Defendant again committed the instant crime within the period of repeated crime, which has not yet been much punished for the same crime, despite having been committed several times.

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