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(영문) 인천지방법원 2014.11.19 2014고단6572
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.

On September 22, 2013, the Defendant, at C’s house located in Seo-gu Incheon, Seo-gu, Incheon, put C in a single-use injection machine containing approximately 0.05g of psychotropic drugs, crophones (i.e., a single-use injection machine containing approximately 0.05g of psychotropic drugs, and crophones administered crophones by having the Defendant injection into his arms.

On December 18, 2013, at around 14:00, the Defendant received approximately 0.05 gramphones from C without compensation on the roads near Yannam-dong, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon, and received from C three times as shown in the list of crimes in the attached Table, and administered phiphones over four times.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of examination of suspect C by the prosecution;

1. Status of individual entry or departure;

1. A response to a request for appraisal and a written appraisal (2);

1. Application of Acts and subordinate statutes to an investigation report;

1. Article 60 (1) 2, Article 4 (1), and Article 2 subparagraph 3 (b) (the point of receipt and delivery of, and medication in, philopon) of the Act on the Management of Narcotics, Etc. for the Fact-finding, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Act on the Suspension of Execution (see, e.g., Article 62 (1) that has a history of being sentenced to the suspended sentence as a result of a violation of the Toxic Chemicals Control Act in 199);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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

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