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(영문) 인천지방법원 부천지원 2015.07.29 2015고단1451
마약류관리에관한법률위반(향정)
Text

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

369,600 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

The defendant is not a person handling narcotics.

1. On July 13, 2014, the Defendant received approximately 0.4g of psychotropic drugs from F, a psychotropic drug, which is psychotropic drugs for one-time in front of the E hotel street located in Gangseo-gu Seoul Metropolitan Government D, without compensation, from F, and received them.

2. On July 25, 2014, at around 21:53, the Defendant received approximately 0.4 gramphones from F in front of the nearest I convenience store in Bupyeong-gu Incheon Metropolitan City, from F and received them.

3. At around 03:00 on June 9, 2015, the Defendant: (a) injected approximately 0.05g of phiphonephones possessed within KMoel 201 located in Gangseo-gu Seoul Metropolitan Government J in a single-use injection instrument; (b) injected them into the blood transfusion by means of inserting them into a single-use injection instrument; and (c) dilution them with fresh water.

Summary of Evidence

1. Defendant's legal statement;

1. Entry into the protocol of seizure;

1. Application of the respective Acts and subordinate statutes of a reply to the request for appraisal and an additional reply to appraisal;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 and Article 2 of the Act on the Management of Narcotics, Etc. (the point of receipt and delivery and medication of phiphones) concerning the facts constituting an offense, and the choice of imprisonment with prison labor, respectively;

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

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. [the average market price of 269,600 won (=337,000 won x 0.8) at the average market price of 0.8 grams received from written phones] of the Act on the Control of Narcotics, etc.;

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

1. Class 2 crime within the scope of recommendation [the scope of recommendation] : Class 1 (the scope of recommendation ] ; Class 3 (b) and 3 (the scope of recommendation ; c) including medication, simple possession, etc. (10 to 2 years) (the special form of punishment ; the scope of recommendation ; the scope of recommendation ; the number of types 2 (the range of c) ; the number of items (b) and (c) ; and c) ; the area of mitigation (8 to 1 year ; c) ; the area of mitigation (8 to 6 months) ; the area of mitigation ; the number of types 2 ; the number of types 3 ; the number of types 2 ; the number of types

(i) the item;

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