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(영문) 인천지방법원 2017.09.14 2017고단4212
마약류관리에관한법률위반(향정)
Text

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

Seized evidence No. 2 shall be forfeited from the defendant.

from the defendant.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a handler of narcotics, the Defendant administered and tried to administer the Metepha (copon hereinafter referred to as the copon copon copon copon copon hereinafter), which is a local mental medicine, as follows:

1. On April 2017, the Defendant: (a) inserted approximately 0.05g ghon-phones into the 2nd floor of “D” located in Eunpyeong-gu Seoul Metropolitan Government on one-time drinking-based fraud; and (b) injected with water into his/her arms by dilution.

2. On April 2017, the Defendant administered approximately 0.05 ghon-phones in the same manner in Eunpyeong-gu Seoul Metropolitan Government Etel 1415.

3. On May 27, 2017, the Defendant administered approximately 0.05g of philop in the passenger car of the Defendant parked in G bank located in G bank in Yeonsu-gu Incheon, Yeonsu-gu by the same method.

4. On May 30, 2017, at around 09:30, the Defendant filed a lawsuit in a manner of keeping approximately 0.58g of philphones in the dwelling of the Defendant No. 111, Dong 2302, Nam-gu, Incheon, Nam-gu, and Dong 111, Dong 2302, in one-time drinking fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure, on-site photographs and photographs of seized articles;

1. A written appraisal of each drug;

1. Application of Acts and subordinate statutes on investigation reports (price of narcotics transaction and collection thereof);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

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. The scope of the recommended sentence according to the sentencing guidelines: The scope of the final sentence due to the aggravation of multiple offenses for which the basic area (from October to two years) of the types of crimes (referring to the scope of the recommended punishment), including medication, simple possession, etc. of Class 3 (referred to the items (b), (c) and (c)) is nonexistent (no person subject to special sentencing): October to March;

2. The defendant who was sentenced to a suspended sentence for the same kind of crime in 2013, in addition, has the record of being sentenced to a suspended sentence.

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