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(영문) 인천지방법원 2016.05.27 2016고단2405
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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. Mescopic cophophones (hereinafter referred to as copic copphones);

On March 2016, at around 23:00 at the end of 23:0, the Defendant purchased opphonephones even though he was not a narcotics handler, who was parked in the vicinity of the Agricultural Cooperative located in Bupyeong-gu, Incheon Metropolitan City, for the Defendant’s official approval color car and 0.3g of opphonephones contained in the one-time in the one-time injection vehicle from C, and in return, paid 30,000 won in cash.

2. Medication of phiphones.

A. On March 28, 2016, around 19:00 on March 28, 2016, the Defendant added approximately 0.2g oponon in Eel located in Bupyeong-gu, Incheon, in F and 0.1g respectively in his/her alcohol residues.

B. On April 23, 2016, the Defendant drank approximately 0.1g of opon into the cans and coffees.

Accordingly, even if the defendant is not a narcotics handler, he administered philophones twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A report on the results of the preliminary test for narcotics, a report on the results of the drug reaction test, and an appraisal report on narcotics;

1. Each investigation report (4th, 87 pages of investigation records);

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

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. for Criminal Facts (the trade of philophones, the point of administration, the 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 suspension of execution (it shall take into account the circumstances specified in the following grounds for sentencing):

1. Protective observation and community service order under Article 62-2 of the Criminal Act, and Article 59 of the Act on the Protection, Observation, etc.;

1. Grounds for sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection;

1. Scope of punishment: From January to 15 years;

2. Basic crimes subject to the sentencing guidelines (the scope of the recommended punishment), 1, and 2 concurrent crimes (one to two years) in the basic area (one year) of two types (marijus, flaps, b. c. and c.), including the sale, purchase, mediation, etc. of the sentencing guidelines (the scope of the recommended punishment), respectively.

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