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(영문) 인천지방법원 2016.04.15 2016고단1277
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who is not a person dealing with narcotics, was not a person dealing with narcotics, but should not deal with clophophones (one philophone, hereinafter referred to as philophones), but administered philophones as follows.

1. On June 27, 2015, at around 01:30, the Defendant administered phiphones by inserting approximately 0.05 grams into “C” tourist hotel in Seo-gu Incheon, Incheon, and two for a single-use injection machine, and melting them into water, and then in injection into the Defendant’s arms and D arms, respectively.

2. On June 27, 2015, the Defendant administered philophones by inserting approximately 0.05 grams in a single-use injection machine, melting them as water, and administering philophones in a way of injecting them into the Defendant’s arms.

3. On June 28, 2015, the Defendant administered philophones by inserting approximately 0.05 grams into two philophones at the places above the A.M. and two philophones at the P.M., melting them as water, and then administering philophones in a way of injection into the Defendant’s arms and D arms.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Application of each statute of appraisal;

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. for the Prevention of Criminal Facts and the Selection of Punishment (the point of administration of phiphonephones, the selection of imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act on the stay of execution (the following grounds shall be considered):

1. Protective observation and community service order under Article 62-2 of the Criminal Act, and Article 59 of the Act on the Protection, Observation, etc.;

1. Grounds for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (total five times medication);

1. Scope of punishment: From January to 15 years;

2. Basic crimes subject to the sentencing guidelines and those falling under Category 1, 2 concurrent crimes [the determination of types] 3 (b) and 3 (c) and the scope of the area of recommendation] basic area, October-2 years;

3. Results of aggravation of multiple offenses: From October to August.

4. The history of crimes, frequency of medication, and method of medication of the accused who has rendered a sentence of sentence;

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