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(영문) 인천지방법원 2015.12.23 2015고단6883
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence No. 1 shall be confiscated.

10,000 won from the defendant.

Reasons

Punishment of the crime

On December 28, 2011, the Defendant was sentenced to one year of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. in the Incheon District Court on December 28, 201, and completed the execution of the said sentence in the Daegu Prison on October 9, 2012.

From October 1, 2015 to October 8, 2015, the Defendant, who was parked in Jung-gu Incheon Metropolitan City at around 02:00 on a date, 02:00, took approximately 0.05g of psychotropic drugs from his/her name-free persons (i.e., one philopon; hereinafter referred to as “philopon”) at Dsi operated by the Defendant, and dypopon, dypopon, which was psychotropic drugs, and dyponed with the dypopon received in the above dypopon in Nam-gu Incheon Metropolitan City E around 23:00 on October 24, 2015.

Accordingly, even if the defendant is not a person handling narcotics, he received and administered psychotropic drugs.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure, lists, records of seizure, lists of seizure and photographs; and

1. Written appraisal of narcotics;

1. Previous convictions in judgment: Application of criminal records and investigation reports (reports on confirmation of the date of release, etc.) Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1), and Article 2 subparagraph 3 (b) (the point of receipt and delivery of, and medication in, philopon) of the Act on the Management of Narcotics, Etc. for the Fact-finding, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act among repeated crimes (Article 35 of the Act on the Control of Narcotics, etc. by Handphones);

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

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

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

1. Application of the sentencing criteria;

(a) Basic crime: 10 to 2 years from the 10 month-2 year of the medication of phiphones (determination of type): Medication, simple possession, etc. of narcotics;

(b) Concurrent Crimes: Reduction elements for types 2 (marijus, flags, flags, item (b) and (c), etc.) (special flags): Medication, simple possession, etc.

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