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(영문) 인천지방법원 2019.09.19 2019고단5146
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

On September 23, 2018, the Defendant was administered on the second floor of the “C” building located in Jung-gu Incheon Metropolitan City, a residence of the Defendant, around September 23, 2018, by means of receiving 2g of psychotropic drugs from D, in terms of repayment of approximately KRW 400,000,000 from D, and promptly inhaled the psychotropic drugs, along with D, by inserting the said gramphone at the same place and inserting it into a gambling place.

Summary of Evidence

1. Statement by the defendant in court;

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. A narcotics appraisal statement;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Relevant Article of the Criminal Act and Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Act on the Control of Narcotics, Etc., and Selection of Imprisonment with prison labor;

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. proviso to Article 67 of the Act on the Control of Narcotics, etc.;

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) Class 1 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Pronouncement)] (Article 1 of the Act on the Control of Narcotics). Medication, simple possession, etc. (Type 3) of narcotics;

Items c) and c.

Title [Recommendation and Scope of Recommendation] Basic Field, Imprisonment from 10 to 2 years

(b) Class 2 crime [Violation of the Act on the Control of Narcotics, etc. (Determination of Punishment)] (Determination of Punishment of Narcotics, etc.]. Trade, good offices, etc. (Type 2] marijuana and perfumes;

Items c) and c.

Measures for mitigation: Purchase or receipt (the area of recommendation and the scope of recommendation) for medication, simple possession, etc.; imprisonment with prison labor from August to June;

(c) Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for not less than ten months through not more than two years (the upper limit of crimes No. 2) for two years;

2. Determination of sentence: 10 months of imprisonment, the content of each crime as indicated in the holding of two years of suspended sentence, and the reasons for the above sentencing;

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