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(영문) 인천지방법원 2016.06.10 2016고단1724

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

The Defendant, who is not a person dealing with narcotics, is not a person dealing with narcotics, but is not a person dealing with climatic drugs (one philophone, hereinafter referred to as philophone), but received and administered philophones as follows.

1. At around 17:00 on January 16, 2016, the Defendant received 10 grams from the office of the “E” dispatch company located in Gangseo-gu Seoul Metropolitan Government Gangseo-gu by receiving approximately 10 grams of phiphonephones contained in the air carrier’s electrical contact inside the employees.

2. On January 24, 2016, at around 14:00, the Defendant administered a philopon in a low-speed car parked on the front road of G in the Nam-gu Incheon Metropolitan City, Incheon, by inserting approximately 0.1g of philopon in a single-use injection machine, melting in water, and administering the philopon into the Defendant’s arms.

3. On January 24, 2016, the Defendant: (a) at the G G convenience store located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon; (b) placed an employee with approximately five grams of philophones in a waloph, and received and delivered philophones by having I find it.

4. On January 26, 2016, at around 04:00, the Defendant administered phiphonephones by inserting approximately 0.1g of philophones into the parking lot for the second apartment in Yeonsu-gu Incheon Metropolitan City, and melting the water into the Defendant’s arms.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Copy of the statement made to A;

1. A statement on narcotics appraisal;

1. Application of Acts and subordinate statutes to report on investigation (report on the current market price of Mepta Paint);

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. for the Fact-finding and the Selection of Punishment (the receipt of phiphones, the fact 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 suspension of execution (it shall take into account the circumstances specified in the following grounds for sentencing):

1. Protection observation and community service order under Article 62-2 of the Criminal Act, protection and observation;