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(영문) 인천지방법원 2016.01.27 2015고단7624

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 February 2015, the Defendant: (a) 100,000 won was fested to E in front of the oil station located in the Nam-gu Incheon Metropolitan City, Nam-gu, at the night near the first or second order of February 2015, and (b) 0.15 g of the mecopic clopic clopic copic coppopic copic copic copic coppopic copic copic coppopic copic coppopic coppopic copic coppopic copic copic copic copic copic copic copic copic copic copic copic copic c

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

2. On March 2015, the Defendant: (a) took approximately 0.15g philopon from E in the Defendant’s residence located in the Nam-gu Incheon Metropolitan City, Nam-gu at night on March 1, 2015, and injected it into the Defendant’s arms by inserting it into a single-use injection machine; and (b) dilution it with water.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. Application of Acts and subordinate statutes on investigation reports (related to the price of cancer transactions and collection of narcotics);

1. Relevant legal provisions and Articles 60(1)2, 4(1), and 2 subparag. 3(b) of the Act on the Management of Narcotics, Etc., for criminal facts, and the choice of imprisonment with prison labor, respectively;

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. Article 62-2 of the Criminal Act on the observation of protection;

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. Application of the sentencing criteria;

(a) Basic crimes and concurrent crimes with 1: Three-month or two years from 10 months to 2 years, including the medication of phiphones (a determination of type), medication of narcotics, mere possession, etc. (b) and (c) [the scope of the recommended punishment];

(b) Concurrent crimes No. 2: Sale and purchase of phiphones (a type of decision) and assistance, etc. in the trade of phiphones.