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(영문) 인천지방법원 2020.06.12 2020고단1668

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

Defendant is not a narcotics handler.

1. Around 22:00 on January 1, 2020, the Defendant issued KRW 1.50,000 to D in front of convenience diving in Seo-gu Incheon, Seo-gu, Incheon, and purchased approximately 0.35 g of psychotropic drugs Melopon, and traded Melopon.

2. At around 14:00 on January 7, 2020, the Defendant administered phiphones by inserting approximately 0.07g of phiphones purchased in the Defendant’s residence in Seo-gu Incheon, Seo-gu, Incheon, as described in the foregoing paragraph (1), into a single-use injection machine, dilution with aquatic dilution, and dilution them into one’s own spphones.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Written appraisal of narcotics;

1. The pictures of each text message;

1. Application of Acts and subordinate statutes to investigation reports (report on the calculation of additional collection charges);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 and Article 2 (3) of the Act on the Management of Narcotics, Etc. (the trade of phiphones and the points of administration) concerning the facts constituting an offense, and the choice of imprisonment, respectively;

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 (150,000 won for purchase of phiphones on the market);

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

1. One to fifteen years from the date of imprisonment with prison labor for the range of punishment by law;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Basic crimes (referring to the violation of the Act on the Control of Narcotics, etc. by philophone medication) 1) types of determined narcotics crimes, such as medication, simple possession, etc. (type 3), the area of recommendation and the basic area of the scope of recommendations (referring to 10 months to 2 years of imprisonment) ;

(b) Elements of concurrent crimes (the violation of the Act on the Control of Narcotics, etc. (or the violation of the Act on the Control of Narcotics, etc. due to the purchase and sale of phiphonephones) (1) types of determined narcotics crimes, such as trading, arranging therefor, etc. [2] marijuana, flacing (b) and (c) etc.) special siblings: Medication, simple possession, etc.