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(영문) 인천지방법원 2015.04.01 2015고단782
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

350,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

On March 17, 2011, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at Seoul High Court on March 17, 201, and completed the execution of the above sentence at the Seoul Detention Center on July 28, 2013.

1. Violation of the Narcotics Control Act;

A. From the end of January 2014, the Defendant administered psychotropic drugs at the Defendant’s house located in the Nam-gu Incheon Metropolitan City Seoul Building 404 by means of injecting 0.05g of psychotropic drugs, using a one-time injection device, the Defendant injected 0.05g of psychotropic drugs to the Defendant’s arms.

B. At around 09:00 on March 2014, the Defendant administered approximately 0.03g of philopon at the home of the Defendant, Gangnam-gu Seoul Metropolitan Government D apartment 105 Dong 1108, using a disposable injection device to the Defendant’s arms.

C. Around 03:00 on February 5, 2015, the Defendant administered approximately 0.03g of philopon at the Defendant’s home located in the Gyeyang-gu Incheon building E, Incheon, by means of injecting 0.03g of philopon into the Defendant’s arms.

2. Around 03:00 on February 5, 2015, the Defendant violated the Act on the Control of Narcotics, etc. (mariju) made, at the Defendant’s home located in Gyeyang-gu Incheon building, approximately 0.5g of hemp tobacco, using approximately 0.5g of marijuana, and smoked in such a way as to inhale the smoke by attaching a fire thereto.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Requests for each appraisal;

1. A criminal investigation report (report on the market price of mert cancers);

1. Before judgment: Application of criminal records and investigation reports (report attached to the judgment and confirmation report on the date of release from the court) and statutes;

1. Article 60 (1) 2, Article 4 (1), subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., Article 61 (1) 4 (a), and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc., and 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, Article 38(1)2, and Article 50 of the Criminal Act

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