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(영문) 인천지방법원 2018.06.08 2018고단3251
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

400,000 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

The Defendant, around June 2017, around the AJ convenience store in the Seo-gu Incheon, intended to purchase approximately 0.7 gramphones from the name-free clopon to the copon sales book (one copon; hereinafter “copon”) sales book, which contacted with “AK,” etc., a “AK,” etc., prior to the AJ convenience store in the Seo-gu Incheon, Incheon. In addition, the Defendant intended to purchase approximately 0.7 grams from the copon, and puts up 400,000 won in cash from the copon sales book under the above convenience store, the copon sales book, the head of which is designated by the above copon sales book, to bring about the said cash. 0.7 grams from the copon sales book contained in the copon copon copon that was put under the above convenience store.

After fishing, around the same day, the defendant's QM5 vehicle parked in the AM church parking lot located in the Seo-gu Incheon, Seo-gu, Incheon, was put about 0.05g opon in a one-time injection machine, melting as water, and melting into the defendant's arms.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the protocol (two times) for the examination of a police suspect with respect to a person who jointly administers Handphones;

1. Statement with respect to a person who has made a statement to Neither;

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. for the Fact-finding and the Selection of Punishment; Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. for the Selection of Punishment; and the Selection of Imprisonment with labor;

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. Scope of the recommended sentences according to the sentencing criteria;

(a) A Class 1 crime (the scope of a recommended punishment). Two types of crimes (the hemp, frighting (the items (b), (c) and (c), etc.) (one year and six months to four years) in the aggravated area (one year and six years), including a person subject to special aggravated punishment), such as buying and selling, arranging, etc.;

(b) Category 3 (b) such as medication, simple possession, etc., of Class 2 crimes [the scope of recommended punishment].

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