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(영문) 인천지방법원 2017.12.22 2017고단8205
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. On October 2016, 2016, the Defendant dump flaps (one philopon; hereinafter “philopon”) medication around 19:00 on October 2016, the Defendant dump blopon with approximately 0.05 glopon at the Defendant’s residence located in Yeonsu-gu Incheon Metropolitan City B 203 at around 19:00.

2. On December 12, 2016, the Defendant: (a) inserted approximately 0.05 grams in a one-time injection machine at around 02:00 of the Defendant’s residence in Yeonsu-gu, Incheon; and (b) recorded approximately 0.05 grams into the Defendant’s arms at around 02:0 on December 12, 2016.

3. On January 4, 2017, the Defendant, who administered a phiphone, put approximately 0.05 gramphones into a one-time injection machine at around 05:00 of the Defendant’s residence in Yeonsu-gu Incheon Metropolitan City, and around 301, and melted the Defendant’s arms.

4. From March 2, 2017

3.3. The Defendant committing the crime of giving and receiving phiphones on March 2, 2017 or

3.3. Around the lower time, in a vehicle parked on the neighboring street of Yeonsu-gu Incheon Metropolitan City D, approximately 0.05g of phiphonephones entered E in a single-use folding engine.

Accordingly, even if the Defendant is not a narcotics handler, he administered three times the penphone, which is a local mental medicine, and received it once.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of suspect interrogation of each police officer regarding E (3,5 times);

1. A statement on narcotics (a net 16);

1. Investigation report (affording the details of restoration of Handphones using suspects and attaching them to the main body);

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. Crimes Nos. 1 through 3 [the scope of the recommended sentence].

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