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(영문) 인천지방법원 2017.06.29 2017고단4006

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 months from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant traded, provided, and administered the Metepha clopulty (the cophophone; hereinafter referred to as the copulon), which is a local mental medicine, as follows.

1. On January 3, 2017, at around 23:00, the Defendant sold approximately 0.2g of philopon to E in the vicinity of the Nam-gu Incheon Metropolitan City C at around 100,000 won.

2. On March 6, 2017, the Defendant sold approximately 0.2g 100,000,000 won of philopon to E in the vicinity of the G party branch located in the Nam-gu Incheon Metropolitan City, Nam-gu.

3. On March 11, 2017, at around 23:00, the Defendant provided approximately 0.2g of philopon to E in the vicinity of the above G party room.

4. On May 3, 2017, at around 23:00, the Defendant administered approximately 0.05g philopon in the scopon in the scopon to the coffee at around H 201, Nam-gu, Incheon.

5. On May 13, 2017, the Defendant injected approximately 0.05g of philophones into a single-time popon h 201, and administered them by dilution with water to his arms.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol of suspect interrogation of each police officer regarding E;

1. On-site photographs, records of seizure and photographs of seized articles;

1. A written appraisal of each drug;

1. Application of Acts and subordinate statutes on investigation reports (related to the price of cancer transactions and collection of narcotics);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Protection and observation, orders to attend lectures and orders to provide community service under Article 62-2 of the Criminal Act;

1. Article 48 (1) 1 of the Criminal Act and the main sentence of Article 67 of the Narcotics Control Act;

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. Two types of crimes (e.g., marijuana, f., f., item (b) and (c), etc.) within the scope of the recommended sentence according to the sentencing guidelines, including the sale, purchase, mediation, etc.;