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(영문) 인천지방법원 2020.11.20 2020고단7399
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

Defendant is not a narcotics handler.

1. On June 19, 2020, the Defendant, at the Defendant’s office located in Seocheon-si B, administered crophones by inserting approximately 0.06g of psychotropic drugs in a single-use injection machine (hereinafter referred to as a single-use penphone, hereinafter referred to as a “suic phone”) and dilution them with aquatic water and dilution them with their left arms.

2. On June 20, 2020, the Defendant administered philophones by inserting approximately 0.06g of philophones into a single-use injection machine at the Defendant’s above office in a way that diversculouss are injected into his left bloodline by dilution with bio-dives.

3. On June 21, 2020, the Defendant administered philophones by inserting approximately 0.06g of philophones into a single-use injection machine at the Defendant’s above office in a way that diversculouss are injected into his left bloodline by dilution with bio-dives.

4. At around 16:05 on June 23, 2020, the Defendant possessed a philopon in a way that the Defendant had a philopon in a manner that the Defendant had a philopon, which contains approximately 0.2 meters of dilutiond volume of philopon at the above office.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Requests for each appraisal, and a statement on narcotics appraisal;

1. Application of Acts and subordinate statutes to a criminal investigation report (calculated additional charges for narcotics);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 (Article 2) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with prison labor for a crime;

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

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (300,000 won (=3 times x 100,00 won) :

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. One to fifteen years from the date of imprisonment with prison labor for the range of punishment by law;

2. Scope of recommended sentences according to the sentencing criteria;

(a)basic offences and offences 1, 1.

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