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(영문) 인천지방법원 2014.05.14 2014고단2486

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

10,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

1. Around September 2013, the Defendant, who delivered psychotropic drugs, pentines (hereinafter “Mari-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

2. On March 16, 2014, the Defendant administered a psychotropic drug in a clopon (i.e., a single philopon; hereinafter referred to as “philopon”) by dilutioning approximately 0.03g of philopon to a coffee at the Defendant’s residence located in the Southern-gu Incheon Metropolitan City Flopon B01.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including D substitute part);

1. Examination protocol of police suspect regarding D;

1. Each letter of prosecution (the result of the evaluation of prosecution and maternity);

1. Application of Acts and subordinate statutes to a criminal investigation report (related to a surcharge and a claim for the preservation of a surcharge);

1. Imprisonment with prison labor for a crime under Article 60 (1) 2, Articles 4 (1), and 2 subparagraph 3 (b) (the point of a scopon medication) of the Act on the Control of Narcotics, Etc., Articles 61 (1) 5, and 4 (1), and 2 subparagraph 3 (d) (the point of a scopon medication) of the Act on the Management of Narcotics, Etc., and selection of a person for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc.;

1. Application of the sentencing criteria;

(a) Basic crime: Medication of philophones (determination of types) narcotics, simple possession, etc.;

Items c) and c.

Title [Scope of Recommendation] 10 months - 2 years (Basic Area)

(b) Concurrent crimes: The provision of food (determination of type) and the sale, purchase, arrangement, etc. of narcotics, shall be made to hallucinogenic substances, and shall be made to the natives;

Title, etc. [Scope of Recommendation] 6 months - One year and four months (Basic Area)

(c) Scope of advisory punishments revised according to the standards for handling multiple crimes: 10 months to 2 years [the lower limit of the basic crime shall be 10 months, and the upper limit shall be 2 years, which is the upper limit of the scope of sentence of the basic crime, plus 1/2 months, which is 1/2 of the upper limit of the scope of sentence of the concurrent crime]; and

2. The decision of sentence shall be made by the defendant;