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(영문) 인천지방법원 부천지원 2013.04.26 2013고단435

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Even if the Defendant is not a narcotics handler,

1. On December 19, 201, at an original restaurant with which the trade name in Nam-gu Incheon Metropolitan City B is unknown at least 16:00, in addition to C and D, approximately 0.08 grams of psychotropic-related psychotropic drug merpters (one penphonephone; hereinafter referred to as “copon”) in a disposable injection machine with approximately 0.08g of psychotropic drugs and dilution them with water, and administered phiphones by means of injection to each spopon;

2. At around 22:00 of the foregoing day received 0.15 grams from C in front of the sentiments of the Incheon Bupyeong-gu E Elementary School, Bupyeong-gu, Incheon, with no charge, and received opphones;

3. Upon receipt of approximately 0.4 g of philophones contained in the one-time injection machine from C at the Bupyeong-gu Incheon Bupyeong-gu Felel around the above day, and receive and deliver philophones without compensation;

4. On January 2012, 2012, after receiving approximately 0.4g of philophones contained in a one-time injection device from C in the Seocho-gu Incheon Metropolitan City Gel, from time to time, and received approximately 0.4g of philophones contained in a one-time injection device from C before the Seo-gu Incheon Metropolitan City H, and received each philophones from C without compensation.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning the statement of C and I);

1. Application of Acts and subordinate statutes in the protocol of prosecutorial statement concerning C and I;

1. Articles 60(1)3 and 4(1), and 2 subparag. 4(b) of the former Act on the Control of Narcotics, Etc. (amended by Act No. 10786, Jun. 7, 201; hereinafter the same) concerning criminal facts, each of the relevant provisions of the law, and the choice of imprisonment for a prison term

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 (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Probation and order to provide community service and attend lectures, and Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the former Act on the Control of Narcotics, etc. (applicable to calculation: 1,196,910 won = 837,00 won (the national average price perg) ¡¿ 1.43g) for the reason of sentencing shall be the same crime to the accused;