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(영문) 인천지방법원 2020.01.09 2019고단7871
마약류관리에관한법률위반(향정)
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. At around 12:00 on October 30, 2019, the Defendant received and purchased a disposable injection device (one-third of an injection device) containing a psychotropic drug’s non-explosion (i.e., one philopon; hereinafter “philopon”) from a person under whose name he/she became aware of through the “logram” of a smartphone hosting cam, and one hundred and fifty thousand won in cash, and a psychotropic drug, which includes a psychotropic drug’s non-explosion (one-third amount).

2. On October 31, 2019, from around 07:00 to around 08:00 of the same day, the Defendant administered phiphones in a way of dilution F, which is the Defendant’s residence in Nam-gu, Incheon, Nam-gu, and in a single-use injection machine, dilution the water into the water and injection into the left left blood line.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. 112 reported case handling table;

1. A narcotics appraisal statement;

1. Application of Acts and subordinate statutes to a report on investigation (statement of surcharge calculation);

1. Article 60(1)2 and Articles 4(1)1 and 2 subparag. 3(b) of the former Act on the Control of Narcotics, Etc. (Amended by Act No. 16714, Dec. 3, 201; Act No. 1671, Dec. 3, 201; Act No. 1694, Jan. 2, 200

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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

(a) First offence (the determination of types) / [the determination of types] / the medication, simple possession, etc. of narcotic crimes;

Items c) and c.

Title [Special Convicts] None [The area of recommendations and the scope of recommendations] basic area, 10 to 2 years of imprisonment

(b) Class 2 crime (the point of purchasing philophones) (the decision of type), drug crime; trade, arrangement, etc. (Type 2) marijuana; and frienda;

Items c) and c.

Measures to mitigate trees, etc. (special scams): Purchasing or receiving for medication, simple possession, etc.

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