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(영문) 인천지방법원 2017.03.09 2017고단630
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around December 8, 2016, the Defendant: (a) taken a disposable injection device for which a single camci (one philopopon; hereinafter “philopon”) medication is used in water in front of the Defendant’s residence located in the Nam-gu Incheon Metropolitan City Housing 205; and (b) paid 50,000 won in return; (c) around 23:00-24:00 on the same day, the Defendant injected the Defendant’s cam in the above residence.

2. On January 3, 2017, at around 23:00, the Defendant 50,000 won for a disposable injection device for which a single philopon is used in water from D in front of the building in Nam-gu, Incheon, Nam-gu, Incheon, and paid for the 53:30,000 won in consideration thereof.

Accordingly, even if the Defendant is not a narcotics handler, he purchased and administered philophones, a local mental medicine, twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to F;

1. Protocols of seizure, list of seizure and delivery (narcotics’s appraisal report-making);

1. Photographs photographs of the victim's A mobile phone text;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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 circumstances considered in favor of the reasons for sentencing);

1. Protection and observation, orders to attend lectures and orders 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;

1. Two types of crimes, the scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] (one year to two years) in the basic area (one year to two years), including the sale and purchase of, and mediation for, the Sentencing (the scope of the recommended sentence] (the scope of the recommendation), the basic area (one year to two years) (the person who is subject to special sentencing) in the basic area (one year to two years).

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