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(영문) 인천지방법원 2017.10.19 2017고단6253
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

1,100,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

1. Around March 7, 2017, the Defendant administered the Mept Pacam in the mutual influence room in Bupyeong-gu Incheon Bupyeong-gu, Incheon, by inserting water into a single-use injection machine containing approximately 0.07gg of the Mepopacs (one philopon; hereinafter referred to as “philopon”), which is a fluculic mental medicine dry from C, and injection into the Defendant’s arms.

2. On March 7, 2017, the Defendant purchased philophones by taking two disposable injection equipment, which contains approximately 0.7 grams from C, in the Ecom’s Maurine protection room located in Bupyeong-gu Incheon Metropolitan City Bupyeong-gu, 1 million won, and approximately 0.7 grams from C.

3. On March 9, 2017, the suspect providing philophones provided two philophones to G in the Defendant’s house located in Seo-gu Incheon, Seo-gu, Incheon, with approximately 0.7 grams of philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning interrogation of the police officer in G;

1. A protocol of seizure and a list of seizure;

1. Each request for appraisal, response to each request for appraisal, and the application of each investigation reporting statute;

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. 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 punishment] (the scope of the recommended punishment] (the scope of the recommended punishment) under subparagraph 1 of Article 2, including buying and selling, arranging, etc. (one year to two years) in the basic area (one year to two years) [the scope of the recommended punishment] [the scope of the recommended punishment] under the three types of crimes (one month to two years) in the basic area (one year to two years), including medication, simple possession, etc. (the scope of the recommended punishment) [the scope of the recommended punishment] [the person who is subject to special sentencing] under subparagraph 3 of Article 3 [the scope of the recommended punishment] [the person subject to special sentencing] [the scope of the recommended punishment] under subparagraph 2 types of crimes (two months to one year and six months), including buying and selling, arranging, etc. (eight months to one year and six months) in the mitigation area (eight months to one year and six months)].

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