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(영문) 인천지방법원 부천지원 2018.12.20 2018고단2709

마약류관리에관한법률위반(향정)

Text

Defendants shall be punished by imprisonment for eight months.

However, the Defendants are above two years from the date of this judgment.

Reasons

Punishment of the crime

Defendants are not narcotics handlers.

1. The Defendants conspired to commit the joint crime on June 16, 2018, and purchased franchising (YABA; hereinafter referred to as “YABA”) by purchasing franchising 4 (hereinafter referred to as “YABA”) with a total of KRW 220,000,000 in the D Mtebner Park, Seo-gu, Incheon Metropolitan City, and with a total of KRW 1,110,000,00, and with a total of KRW 220,000,000, respectively, from E.

2. On June 16, 2018, Defendant A, along with Defendant B, administered the instant drugs in a way that the instant drugs would be inhaled by making it known above the G dormitory located in Kimpo-si F, Kimpo-si on June 16, 2018, and in a way that the instant drugs would be inhaled promptly by burning 2 strings.

3. Defendant B, together with Defendant A, administered 2 drugs at the time and place described in the foregoing paragraph 2, and in the same manner as described in the foregoing paragraph 2.

Summary of Evidence

1. Defendants’ legal statement

1. Application of the Acts and subordinate statutes to each narcotics appraisal report and each simplified test result;

1. Relevant legal provisions and the choice of punishment for a crime - The Defendants: Articles 60(1)2, 4(1), and 2 subparag. 3(b) of the Narcotics Control Act; Article 30 of the Criminal Act (the purchase at night); Articles 60(1)2, 4(1), and 2 subparag. 3(b) of the Act on the Control of Narcotics, Etc.; Articles 60(1)2, and 4(1), and 2 subparag. 3(b) (the point of the administration at night) of the Act on the Control of Narcotics, Etc.; and each decision of imprisonment;

1. Aggravation of concurrent crimes - Defendants: the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Code

1. Suspension of execution - Defendants: Article 62(1) of the Criminal Act (The conditions favorable to the reasons for sentencing as set forth below);

1. Additional collection - Defendants: the proviso of Article 67 of the Narcotics Control Act.

1. The Defendants’ order of provisional payment - The abuse and abuse of mental medicine for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is highly dangerous to individuals and society, and the occurrence of various crimes by encouraging illegal narcotics transactions. Therefore, it is necessary to strictly reduce these harmful effects.

The volume of narcotics sold or administered by the Defendants;