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(영문) 인천지방법원 2018.09.07 2018고단5705
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. The Defendant: (a) on June 22, 2016, at the home of D apartment C, 206 dong-gu Incheon Metropolitan City, approximately 10 g of Metepopa (one philopopon; hereinafter “philopon”) with approximately 10 g of Melopa, a local mental medicine, around June 22, 2016; and (b) on the same day, D used for the same day.

In the way of remitting 4 million won to E’s account, the philophones were purchased from D.

2. On May 1, 2018, the Defendant: (a) around May 1, 2018, posted a tobacco paper 0.5g g of marijuana at his own room located in Scatt F in Germany; and (b) smoked marijuana in a way of drinking smoke.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by each prosecution;

1. Each investigation report (to attach details of account transactions in the name of E and to calculate surcharges thereon);

1. Application of Acts and subordinate statutes of each letter of narcotic appraisal;

1. Relevant Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) (the point of purchasing phiphones) of Article 2, Article 61 (1) 4 (a), and Article 3 subparagraph 10 (a) (the point of smoking in marijuana) of the Narcotics Control Act concerning the facts constituting an offense, and selection of imprisonment, respectively;

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 (Violation of the Act on the Control of Narcotics, Etc.) / [Determination of Type] 2 (marijuth, b.(c) and (c) etc.) - Special sentencing factors: medication, simple possession, etc.

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