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(영문) 인천지방법원 2018.10.19 2018고단5318
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

20,000 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

1. On July 5, 2018, the Defendant administered Meptopon (one philophone; hereinafter “philoopon”) on July 5, 2018, inserted approximately 0.03 grams in the Michuhol-gu Incheon Metropolitan City’s guest room into a one-time injection machine, melting the Defendant’s arms.

2. On July 6, 2018, the Defendant: (a) inserted approximately 0.03 grams in the Defendant’s residence located in the Michuhol-gu Incheon Metropolitan City apartment C apartment D into a one-time injection machine; and (b) melted the Defendant’s arms around July 6, 2018.

Accordingly, even though the Defendant is not a narcotics handler, the Defendant administered philophones, a local mental medicine, twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Records of police seizure, lists of seizure, and photographs of seized articles;

1. Each investigation report (calculated with a country as a result of hydro testing and appraisal, response for a single injection and calculation of a surcharge);

1. Reports on the results of the preliminary test for narcotics, etc. conducted by the urinal inspector;

1. Written appraisal of each narcotic drug (for a single injection - philophone training, urine training, training of phiphones);

1. Correspondence to a request for appraisal (fixture - training of philophones);

1. Application of the Acts and subordinate statutes governing the table of price of cancer drugs for 5 months in a monthly trend of narcotics;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [Aggravation of concurrent crimes with punishment prescribed for a violation of the Act on the Control of Narcotics, etc. Due to Handphone medication as stated in paragraph (2) of the same Article which has heavier punishment for concurrent crimes];

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 and 2 (Violation of the Narcotics Control Act (Determination of Type) / [Determination of Type] 3 (b) and (c) of the Act on the Control of Narcotics, Etc.) (Special Sentencing) - Reduction element: Self-denunciation (Determination of territory of recommendation).

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