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(영문) 인천지방법원 2013.11.20 2013고단5545

마약류관리에관한법률위반(향정)등

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

The defendant is not a person handling narcotics.

1. On February 1, 2013, at the early 03:00, the Defendant smoked marijuana by attaching a fire to one marijuana tobacco manufactured by approximately 0.5g of marijuana at the e-mail apartment parking lot in the Dong-gu Incheon Metropolitan City.

2. On February 19, 2013, at the toilet located in the Dong-gu Incheon Metropolitan City D Hospital, the Defendant injected approximately 0.05 g of psychotropic drugs, psychotropic drugs, with tap water, and injected them into the diaphone by using a single-use injection device.

3. On March 6, 2013, around 22:30, the Defendant smoked marijuana by attaching a fire to one marijuana tobacco manufactured by approximately 0.5g of marijuana in front of the FMoel located in Seo-gu Incheon, Seo-gu, Incheon.

4. At around 04:00 on March 7, 2013, the Defendant administered phiphones by dilutioning approximately 0.05g of philophones from the FMocom 611 room located in Seo-gu Incheon, Seo-gu, Seo-gu, Incheon, and by using a single-use injection device to injection into the blood cells.

Summary of Evidence

1. Defendant's legal statement;

1. Response to the request for appraisal;

1. Application of Acts and subordinate statutes to investigation reports (verification of the market price of narcotics and calculation of additional collection charges);

1. Article 60 (1) 2, Articles 4 (1) and 2 subparagraph 3 (b) (the point of the administration of a soponon), Article 61 (1) 4 (a), and Article 3 subparagraph 10 (the point of the smoking of marijuana) of the Act on the Control of Narcotics, Etc. and Selection of Imprisonment for the Punishment of Crimes;

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 (see the following reasons for sentencing)

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The defendant who has a reason for sentencing of the proviso to Article 67 of the Act on the Control of Narcotics, Etc. [the grounds for calculation: 203,000 won = 20,000 won (the national average price for medication once x twice x twice) 3,000 won (the one time smoking x 1,500 won x twice x 2 times)] of the Act on the Control of Narcotics, etc. for the crime of this case is led to the crime of this case;