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(영문) 인천지방법원 2018.01.19 2017고단9098

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

Despite the fact that the Defendant is not a narcotics handler, the Defendant administered the Metropha (hereinafter referred to as “cophophone,” hereinafter referred to as “cophophone”) which is a local mental medicine as follows:

1. On October 2017, the Defendant administered c or D’s barphone fluoron c or in the guest room of Bupyeong-gu Incheon, Incheon, by drinking around approximately 0.03g in water.

2. On November 27, 2017, the Defendant administered philophone in the same manner as approximately 0.03g philophones in the F station toilets located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement of narcotics appraisal (in a net time nine);

1. Application of Acts and subordinate statutes on investigation reports (related to the price of cancer transactions and collection 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. 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) Class 1-2 (the scope of a recommended sentence) in the basic field of crimes (the scope of a recommended sentence), including the medication and the simple possession, etc. (the items (b) and (c) of this subparagraph) 3;

(b) The scope of final sentence due to the aggravation of multiple offenses: Ten months to three years;

2. Determination of the sentence (the fact that there is a record of being sentenced to suspension of indictment for the same type of crime (the evidence record 148 pages), favorable circumstances [the fact that there is no record of punishment for the same kind of crime in addition to being sentenced to suspension of indictment for the same kind of crime in 2006], and other conditions of the sentence revealed in this case, such as the period of writing-phone medication and degree of addiction (the possibility of recidivism), the defendant's age, sex behavior, family environment, health conditions, the background or motive leading to the crime, and the circumstances after the crime.