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(영문) 인천지방법원 2015.11.18 2015고단6089
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

1. On January 29, 2015, the Defendant drank approximately 0.05g of psychotropic drugs, at “D” operated by the Defendant in Seo-gu Incheon, Seo-gu, Seo-gu, Incheon, Doctrine, dye, dye, so that the Defendant dye the psychotropic drugs in coffee.

Accordingly, even if the defendant is not a person handling narcotics, he administered psychotropic drugs.

2. On April 12, 2015, the Defendant committed the crime on April 12, 2015: around 22:00, in the F’s residence of Seo-gu Incheon, Seo-gu, Seo-gu, Incheon, put approximately 0.05 grams of opon into a disposable injection machine; added it to the Defendant’s arms after dilution with 0.05 grams.

Accordingly, even if the defendant is not a person handling narcotics, he administered psychotropic drugs.

3. The Defendant, on June 29, 2015, diced a coffee around June 23, 2015, around 23:00 of the Seo-gu Incheon, Seo-gu G 301.

Accordingly, even if the defendant is not a person handling narcotics, he administered psychotropic drugs.

Summary of Evidence

1. Defendant's legal statement;

1. Copies of each police interrogation protocol against F and H;

1. Records of seizure and the list of seizure;

1. A narcotics appraisal statement;

1. Application of Acts and subordinate statutes to investigation reports (report on the market price of narcotics);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, 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;

1. Probation 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 of the provisional payment order;

1. Application of the sentencing criteria;

(a) Basic crimes and concurrent crimes: Types 3 (Rab. (b) and (c) [Scope of Recommendation] 10 months to 2 years; 10 months; 10 years; 2 years; 2 years; 3. (a) of the administration, simple possession, etc. of scopon medication (a decision of type);

(b) Aggravation of multiple offenses: From 10 to 3 months;

2. Determination of sentence: The defendant who is sentenced to a suspended sentence of ten months shall be sentenced to imprisonment for two years;

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