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(영문) 인천지방법원 2016.06.02 2016고단2403

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. Receipt and delivery of Metracules (one philopon; hereinafter referred to as “philopon”);

A. On January 26, 2015, at around 23:55, the Defendant received free of charge a delivery for one gram-phone (0.1g gram) from D from “C singing room” operated by the Defendant in Nam-gu Incheon Metropolitan City, Nam-gu.

B. On July 2015, the Defendant received approximately 0.1g of philophones, which were 02:00 at the end of the end of 02:00, from E, for a single-use fluor.

Accordingly, even if the Defendant is not a narcotics handler, he received philophones, which are a local mental medicine.

2. Medication of phiphones.

A. On January 27, 2015, the Defendant drank approximately 0.1g of philopon received from D at the above place on January 27, 2015, in the can cans, and drank.

B. On December 26, 2015, the Defendant drank approximately 0.1g of oponon from E at the above place on December 26, 2015, in the can can, so, breath.

Accordingly, even if the Defendant is not a narcotics handler, he administered a philophone, which is a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the statement made by the police against D, or of the protocol for suspect examination of the police against E;

1. A written appraisal of each drug;

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

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. 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 determination of types) of narcotics shall be held for administration and simple possession.