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(영문) 인천지방법원 2016.04.22 2016고단1205

마약류관리에관한법률위반(향정)

Text

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

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

Reasons

Punishment of the crime

1. On November 2015, the Defendant received philophones from D without compensation, at the Defendant’s house located in the Dong-gu Incheon Metropolitan City, Dong-gu C lending 101, about 0.05g of philophones contained in D in a single-use folder.

Accordingly, even if the Defendant is not a narcotics handler, he received philophones, which are a local mental medicine.

2. On March 7, 2016, the Defendant: (a) 00:30 on a philophone medication, containing approximately 0.05 grams of philophones received from D from the Defendant’s home; (b) recorded philophones into a single-use injection machine; and (c) administered philophones into the Defendant’s arms.

Accordingly, even if the Defendant is not a narcotics handler, he administered a philophone, which is a local mental medicine.

3. Around March 10, 2016, the Defendant, holding a phiphone, concealed and kept a disposable injection device containing approximately 0.22 milliliter in the Defendant’s handets kept in the Defendant’s residence.

Accordingly, even if the Defendant is not a narcotics handler, he possessed a philophone, which is a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure records;

1. Application of the Acts and subordinate statutes to each narcotics appraisal report and a simplified test for reagents;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Facts and the Selection of Punishment (the administration, receipt, and custody of phiphonephones, the point of receipt, and the selection of punishment by imprisonment);

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act, and Article 59 of the Act on the Protection, Observation, etc.;

1. Reasons for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (the amount equivalent to one-time medication on a penphone);

1. Scope of punishment: From January to 15 years;

2. Basic crimes subject to the sentencing guidelines and concurrent crimes subject to Category 1 (Determinations of Types), Type 3 (b) (c) (Scope of the area of recommendation), the basic area of crimes subject to the sentencing guidelines, and the concurrent crimes subject to the 2-year period from October to February 3 (Determinations of Types), such as medication, simple possession, etc. of narcotics;