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(영문) 인천지방법원 2013.09.04 2013고단3752
마약류관리에관한법률위반(향정)
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. At around 20:00 on September 5, 2012, the Defendant injected approximately 0.1g of psychotropic drugs, which are psychotropic drugs received without compensation from D, by dilution them with bio-dilating them.

2. At around 02:40 on September 14, 2012, the Defendant administered approximately 0.1g of philophones, which were received free of charge from D, by dilution, at the residence of the Defendant located in Nam-gu Incheon Metropolitan City E, Nam-gu, and around that time.

3. On September 17, 2012, at around 18:55, the Defendant administered 0.1g of philopon, which was delivered without compensation from D, to the Defendant’s arms blood transfusion using a single-use injection device at around that time.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of each protocol of suspect examination of the police about D;

1. Application of Acts and subordinate statutes to investigation reports (verification of the market price of narcotics and calculation of additional collection charges);

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The suspension of the execution of imprisonment shall be sentenced, taking into consideration the following factors: The reason for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc. subject to Additional Collection = 300,00 won = 10,00 won (the national average price for medication once) ¡¿ three times (the number of times of medication) of the Act on the Control of Narcotics, Etc.: The defendant has no record of criminal punishment so far, and all kinds of sentencing conditions, including

It is so decided as per Disposition for the above reasons.

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