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(영문) 인천지방법원 2015.10.14 2015고단5505

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On June 24, 2015, around 18:30 on June 24, 2015, the Defendant, in front of the D convenience store in Seo-gu Incheon Metropolitan City, provided approximately 0.02 grams of psychotropic drugs, psychotropic drugs, to E free of charge.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E by the prosecution;

1. Records of seizure, lists of seizure and photographs of seized articles;

1. Application of the statutes on response to requests for appraisal;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Protection of Narcotics, Etc., and Selection of Imprisonment with labor concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act;

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. Grounds for sentencing in the main sentence of Article 67 of the Act on the Control of Confiscated Narcotics;

1. Type 2 (Scope of Recommendation Form), such as the application of the sentencing criteria (determined of Types), the sale, purchase, mediation, etc. of narcotics (the scope of recommendation Form), one year to two years;

2. Determination of sentence: Imprisonment with prison labor for one year and two years under a suspended sentence, the crime of this case is not suitable for the crime that spreads phiphonephones to others;

However, considering the fact that the defendant is against the crime of this case, the fact that the defendant has been punished for the same kind of crime in 2006 has not been reoffending for a long time, and other various sentencing conditions such as the defendant's age, character and conduct, environment, motive and circumstances after the crime, etc., the punishment as the order shall be determined.

The acquittal portion

1. The Defendant received, on June 2015, approximately 0.05g of psychotropic drugs from a person who was killed in name (one name H) at the G party in the fourth floor of the F building in Seo-gu Incheon, Seo-gu, Incheon at around 23:00, the summary of the facts charged.

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

2. We examine the judgment, and the defendant confessions the above facts charged, but they make a confession.