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(영문) 인천지방법원 2016.09.01 2016고단4343
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who is not a person handling narcotics, is not a person handling narcotics, and is not a person handling narcotics, but a metroopon (one philophone, hereinafter referred to as a "philoopon") is administered as follows.

1. On September 5, 2015, at around 02:00, the Defendant administered philophones by inserting approximately 0.03g of philophones in toilets in the Nam-gu Incheon Metropolitan City, Nam-gu, and using tap water as tap water and injecting them into the arms.

2. On July 4, 2016, around 20:00, the Defendant administered phiphones by inserting approximately 0.03 grams in the 4th floor of “E” telephones located in Jung-gu Incheon Metropolitan City D, and melting them with water in a single-use injection machine, and in a way of injecting them into the arms.

3. At around 00:20 on July 6, 2016, the Defendant possessed phiphonephones by inserting approximately 0.067g gramphones contained in a one-time injection machine, which was parked on the front road of the HG cafeteria located in the Nam-gu Incheon Metropolitan City F.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. Each protocol of seizure, list of seizure, certificate of seizure, and a statement of narcotic appraisal;

1. Investigation report (to attach suspect hairs and responses to DNA appraisal requests);

1. Reporting on investigation (calculated additionally), application of Acts and subordinate statutes governing cancer transactions for narcotics;

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 with prison labor;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Probation, order to attend lectures or order to provide community service 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. The scope of the recommended sentence according to the sentencing guidelines shall be the basic area (0 to 2 months) of the category 3, including the administration, simple possession, etc. of crimes 1 [the scope of recommending punishment], the administration, simple possession, etc.

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