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(영문) 인천지방법원 2016.07.22 2016고단3436

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 July 2015, the Defendant received approximately 0.25 gramphones sent by C to the future, used by C around July 21, 2015, around July 22, 2015, from around 13:00, in order to purchase gramphones from a rophone seller who became aware of through Internet search, and received approximately 0.25 gramphones sent by C to E nearby the distribution box in Incheon, Seo-gu, Incheon. < Amended by Presidential Decree No. 26873, Jul. 22, 2015; Presidential Decree No. 26874, Jul. 22, 2015; Presidential Decree No. 26873, Jul. 22, 2015>

Accordingly, the defendant purchased philophones even though he is not a narcotics handler.

2. Medication of phiphones.

A. On July 22, 2015, at around 14:00, the Defendant inserted approximately 0.1g of phiphones from the Defendant’s house in the Nam-gu Incheon Metropolitan City G and 301, into a single-use injection machine, melted as water, and injected into the Defendant’s arms.

B. On the same day as paragraph (a), the Defendant inserted approximately 0.1g of philophones into a single-use injection machine, melted them with water, and injected into the Defendant’s arms at the same place as around 20:00 (Ga).

Accordingly, even if the defendant is not a narcotics handler, he administered philophones twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of each drug;

1. Copy of the second examination protocol of the police officer concerning F;

1. Application of Acts and subordinate statutes to a report on investigation (report on the calculation of an additional collection charge);

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. and Selection of Punishment for Crimes (the purchase of phiphones and the provision of medication, 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. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of punishment: Imprisonment with prison labor for one month to 15 years;

2. Basic crimes applicable to the sentencing criteria and concurrent crimes (a type of determination) of Type 3 (b), such as medication and simple possession, etc. of narcotics;