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(영문) 인천지방법원 2020.05.01 2019고단8151

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

The defendant is not a person handling narcotics.

1. On September 2019, the Defendant purchased a disposable injection device containing approximately 0.1g of approximately KRW 80,000 in cash from a seller who could not know his/her name known through the mobile phone phurgical phurg, in the Seocho-gu Incheon East-gu B, Incheon, by means of placing the name known through the mobile phone phurg on the burg, and the Defendant purchased a disposable injection device containing approximately 0.1g of approximately psychotropic drugs under the burg (hereinafter “lurphone”).

2. Medication of phiphones.

A. On September 22, 2019, the Defendant administered approximately 0.05 g of philopon in the residence of the Defendant of Michuhol-gu Incheon C Housing D, and 0.05 g of philopon in the coffee.

B. On September 23, 2019, the Defendant, around early 23:00, administered water in a single-use injection instrument containing approximately 0.05 g of philophones in the Defendant’s residence, after dilution, and administered water in a way of injection with left hand hand.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (as a result of an appraisal reply), narcotics appraisal report (as a result of an appraisal, No. 9);

1. Application of Acts and subordinate statutes to investigation reports (calculated additional 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., concerning 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. Article 62-2 of the Criminal Act, and Article 44-2 of the Medical Treatment and Custody 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. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime [Determination on the Violation of the Act on the Control of Narcotics, etc. (compacting) by Purchase] (Determination on the Punishment of Narcotics, etc.). The trading, good offices, etc. of narcotics crimes shall be [Type 2] marijuana, marijuana, and natives;

Items c) and c.

A mitigation element of item, etc. (Special Convicts): Purchase or acceptance for medication, simple possession, etc., and self-denunciation (the area of recommendation and the scope of recommendation).