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(영문) 인천지방법원 2015.07.15 2015고단2347

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

1. On March 23, 2015, the Defendant: (a) took approximately 0.05 grams of psychotropic drugs from D in front of the Nam-gu Incheon Metropolitan City C and 214-dong, and took approximately 0.05 grams of psychotropic drugs from D, on the street, around March 23, 2015; (b) around 12:30 of the same day, the Defendant injected approximately 0.025 grams of the philop, which was received from the Defendant’s house located in the Nam-gu Incheon Metropolitan City E, into a single-use injection, and injected them into the Defendant’s arms by dilutioning it with a living water.

Accordingly, even if the defendant is not a person handling narcotics, he received and administered psychotropic drugs.

2. On March 29, 2015, the Defendant committed the crime committed on March 29, 2015: (a) around 21:00, the Defendant injected approximately 0.025g of the philophonephones received from the Defendant’s house as described in paragraph (1), as described in paragraph (1), into a single-use injection machine; and (b) injected into the Defendant’s arms by dilutioning it with a long water.

Accordingly, even if the defendant is not a person handling narcotics, he administered psychotropic drugs.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of suspect examination of D by the prosecution;

1. Records of seizure and the list of seizure;

1. Each written appraisal;

1. Application of Acts and subordinate statutes to investigation reports (report, etc. on the current market price of mert cancers);

1. Article 60 (1) 2, Article 4 (1), and Article 2 subparagraph 3 (b) (the point of receipt and delivery of, and medication in, philopon) of the Act on the Management of Narcotics, Etc. for the Fact-finding, 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 and community service order under Article 62-2 of the Criminal 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 of the provisional payment order;

1. Application of the sentencing criteria;

(a) Basic crimes and concurrent crimes of crimes of category 1: 10 to 2 years: 3 (Scope of Recommendation), such as medication, simple possession, etc. of scopon medication (Determination of type): Narcotics; Mecopon medication; Mecopon medication;

(b) Concurrent crimes No. 2: Acceptance of Handphones (determination of type) and sale, arrangement, etc. of narcotics;