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(영문) 인천지방법원 2018.09.28 2018고단5747
마약류관리에관한법률위반(향정)등
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

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. On May 6, 2018, at around 21:00, the Defendant administered philopon in a way that mecopons (one philopon; hereinafter “philopon”) approximately 0.05 g, a local mental medicine, in his/her own dwelling located in Nam-gu Incheon Metropolitan City C and 101.

2. Around May 7, 2018, the Defendant, at around 22:00, smoked marijuana in a tobacco paper with the flapsing weight (which is equivalent to a one-time smoking portion) of marijuana in his/her place of residence, which is the foregoing place, and then smoked in a way of smoking.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of each drug;

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 Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) (the points of phiphone medication) of the Act on the Management of Narcotics, etc., Article 61(1)4 (a) and Article 3 subparag. 10 (a) (the points of smoking marijuana) of the Act on the Management of Narcotics, etc., and choice of imprisonment for each crime;

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 suspended execution;

1. Orders to observe protection and attend lectures 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. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 crime (the scope of recommended punishment) (the scope of recommended punishment), the medication of which is simple possession, etc., and the basic area (0 months to 2 years) (the basic area (10 months to 2 years) (the person subject to special sentencing) is nonexistent;

(b) The basic area (from August to June) of the second crime (the scope of a recommended punishment), including medication, simple possession, etc. (the scope of a punishment for marijuana) (the person who has no special sentencing seal).

(c) The scope of final sentence due to the aggravation of multiple offenses: October to February; and

2. The Defendant, who was sentenced to 33 times criminal punishment, is subject to the said punishment, and even if he/she was punished six times for a hemp-related crime, the nature of the instant crime is not that of the said crime.

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