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(영문) 인천지방법원 2018.05.04 2018고단1520
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

1. On February 14, 2017, the Defendant administered a crophone (one philopon; hereinafter “philopon”) in the Defendant’s arms, after inserting approximately 0.1g of philopon in the D’s residence located in Ilyang-si Ctel 1445, Ilyang-si, Ilyang-si, U.S.A., for one-time injection, and melting them into water.

Accordingly, even if the Defendant is not a narcotics handler, he administered a philophone, which is a local mental medicine.

2. On December 2017, the Defendant smoked by removing tobacco smokes from the Defendant’s office located in Bupyeong-gu, Incheon E 401, and then smoking by attaching approximately 0.5g of marijuana to the Defendant’s office.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with respect to the F (first time);

1. Protocol of seizure by the prosecution (No. 1, No. 2);

1. A report on investigation (calculated additional collection charges) and a report accompanied by a reference paper for investigation (the period during which it is possible to make a legal appraisal);

1. Written replys requested for each appraisal (to train urinals, hemps, hairs, and marijuana);

1. Application of Acts and subordinate statutes on cancer transaction prices to narcotics among monthly trends of the Supreme Prosecutors' Office;

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 aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment for concurrent crimes prescribed for a violation of the Narcotics Control Act with heavy punishment)

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. 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 (a) / [Determination of type] Medication and simple possession, etc. of narcotics;

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