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(영문) 인천지방법원 2019.10.17 2019고단5773
마약류관리에관한법률위반(향정)
Text

Defendants shall be punished by imprisonment for ten months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendants are not importers of narcotics.

1. At around 01:00 on August 20, 2017, Defendant A purchased at KRW 50,000 of the psychotropic drugs from “E” from “E, Seo-gu Incheon, Seo-gu, Incheon, in a manner that inhales its smoke by purchasing at least KRW 50,00,00 (YABA) 1 of the psychotropic drugs, and in a manner that inhales it by burning it on the front day of the gambling place.

2. Defendant B

A. The Defendant purchased 10,00 won from “E” at the date, time, place, and place indicated in paragraph 1, and administered the 1st century in a manner that inhales it by burning it above the front day of the gambling site, and in a manner that inhales it.

B. On January 19, 2019, the Defendant purchased at KRW 60,00 from “G” in the residence of a single-name “G” in Kimpo-mm F, and administered the said field in a manner that inhales it by burning it on the day of gambling.

Summary of Evidence

1. Defendants’ legal statement

1. Prosecutorial suspect interrogation protocol against the Defendants

1. Written appraisal of narcotics;

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 Selection of Narcotics, etc., and Selection of Imprisonment with prison labor concerning facts constituting an offense;

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. 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 recommendations according to the sentencing criteria (decision of types): 01. Medication, simple possession, etc. (Type 3) of narcotics crimes;

Items c) and c.

Title [Recommendation and Scope of Recommendation] Basic Field, Imprisonment from 10 to 2 years

2. Determination of sentence: Ten months of imprisonment, the content of the crime as indicated in the judgment of the year of the suspension of execution, the fact that there is no previous conviction, the fact that there is a mistake, the age, character and conduct, environment, and the fact that the defendants are other than the defendants.

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