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(영문) 인천지방법원 2016.10.28 2016고단6319

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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who is not a person handling narcotics, did not deal with the psychotropic drug clocks (one philophone, hereinafter referred to as the “philophones”), but traded and administered the clocks as follows.

1. On April 2016, the Defendant decided to purchase a philopon from a person whose name cannot be known, and around 13:00 on the same day, the Defendant purchased a philopon by means of bringing about approximately 0.1g of a philopon contained in a one-time injection machine located in the Incheon Western-gu Incheon Metropolitan City, which is designated by a person whose name cannot be known, in front of the sewage hole, by inserting KRW 250,000 into the blopon box and leaving the place.

2. At around 10:00 on April 23, 2016, the Defendant administered phiphones by inserting approximately 0.05g of philophones purchased from the Defendant’s house in Seo-gu Incheon, Seo-gu, Incheon, Adong 402, and in a way of injecting them into water, melting them with water.

Summary of Evidence

1. Defendant's legal statement;

1. Written appraisal of narcotics;

1. Application of Acts and subordinate statutes to investigation reports (verification of the market price of mert cancer and calculation of additional collection charges);

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

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

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

1. Probation under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Type 3 (Scope of Recommendation), basic area of crimes for sentencing under Article 334(1) of the Criminal Procedure Act (Article 334(1) of the Provisional Payment Order (Article 33) (Article 34(1)), including medication, simple possession, etc. of narcotics (Article 34(2) (Article 33 of the Criminal Procedure Act), concurrent crimes for October to two years [Article 34(2) (Article 33) (Article 33 of the Act) (Article 33 of the Act) (Article 334(1)) (Article 3 of the Act