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(영문) 인천지방법원 부천지원 2016.11.04 2016고단534
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

150,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On September 11, 2009, the Defendant was sentenced to five years of imprisonment for an indecent act by force by force by the Incheon District Court on September 11, 2009, and completed the execution of the sentence in the female prison on July 13, 2014.

The defendant is not a person handling narcotics.

1. On January 1, 2016, the Defendant purchased approximately KRW 0.4g of 0.4g, a psychotropic drug, from E, at the Defendant’s residence located in Seocheon-gu Seoul Building B, Seocheon-gu, 1009, for approximately KRW 1.50,00,000.

2. The Defendant, at the same time and place as Paragraph 1, put about 0.1g of philophones into a disposable injection machine, dilution with water, and administered them by means of injection into the Defendant’s arms blood cells.

3. On February 2, 2016, the Defendant administered approximately 0.1g of phiphonephones at the same place as Paragraph 1 and in the same manner as Paragraph 2.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of suspect examination of D by the police;

1. Statement to E by the police;

1. Each protocol of seizure and the list of seizure;

1. Preliminary test report on narcotics, etc. and a reply thereto;

1. Previous record: The current status of personal identification and confinement, and the application of criminal records-related Acts and subordinate statutes;

1. Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. under Relevant Acts concerning criminal facts, and choice of imprisonment;

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) Cooperation in investigations of important types 3 (in 6 to 16 months) (in 6 to 1 year and 16 months) (in 200) of mitigation area (in 6 to 1 year and 2 years), medication (in 1,2 crimes), medication, simple possession, etc.;

B. Type 2 (mariju, Doz. and item (b) and item (c), etc.) (the scope of recommending punishment), sale, brokerage, etc., shall be subject to special mitigation ( April to June).

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