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(영문) 인천지방법원 2017.05.19 2017고단2103
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, around August 9, 2016, posted the non-exploied volume of the Mesoftis (one philopon; hereinafter “philopon”) together with C at the residence of Nam-gu Incheon Metropolitan City (106 Do 1803, Nam-gu) in a glass bottle, and inhaled a smoke by heating it.

2. On October 3, 2016, the Defendant, around October 3, 2016, 1204 Dong-gu Incheon apartment complex D, 1204 Dong-gu, Incheon, 1002, e.g., philophones in plastic bags to E in the Defendant’s residence.

3. At around October 14, 2016, the Defendant, at around 16:00, placed a penphone in a glass bottle and inhaled a smoke from a fluencing fluor’s non-opopon into the Defendant’s residence.

4. From January 3, 2017 to around the 12th day of the same month, the Defendant, from G’s residence located in 14.502 Dong-dong, Nam-gu, Incheon Metropolitan City 14.5 dong-gu, 1411. G, 502, laid down the amount of oponphones above G along with G, and inhaled the bottom thereof.

Accordingly, even if the Defendant is not a narcotics handler, the Defendant provided philophones, a local mental medicine, once, and administered three times.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against H, E, or C;

1. A letter of assessment of each drug (for example, 7, 10, 16, 25);

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Relevant legal provisions of the Act on the Management of Narcotics, etc. for the Fact of crime and 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 Selection of Imprisonment with prison 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order 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;

1. Application of the sentencing criteria;

(a) Type 2 (the scope of a recommended sentence), the basic area of crimes (the provision of phiphonephones), the sale and purchase of narcotic drugs (the determination of types), and the arrangement for the sale and purchase of narcotic drugs / [the scope of a recommended sentence] / one year to 2 years.

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