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(영문) 인천지방법원 2018.06.22 2018고단3200
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, around December 12, 2016, posted D approximately 0.1g of the Mept cams (one philopon; hereinafter “philopon”) from the inside bank of the residence of Gyeyang-gu Incheon, Gyeyang-gu and 13 Dong 101, in a single-use injection machine, melted as water, and melted the Defendant’s arms.

2. On February 2, 2017, the Defendant: (a) inserted D approximately 0.1g of opon into a one-time copon copon, melted as water, and melted into the Defendant’s arms.

3. Around January 1, 2018, the Defendant: (a) placed D approximately 0.1g of opon-phones into a single-use kitchen located in the F Hotel E in Gyeyang-gu Incheon, Incheon; (b) recorded D with water, and then injected into the Defendant’s arms.

Accordingly, even though the Defendant is not a narcotics handler, the Defendant administered philophones, a local mental medicine, three times.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D by the prosecution;

1. Statement made by the police in relation to G;

1. Police seizure records (No. 214 pages of evidence), list of seizure (Evidence Records No. 215 pages of evidence);

1. Reports on internal investigation (with respect to the analysis of monetary details and the reasons for entry), and each investigation report (with respect to the results of original appraisal between countries, additional collection charges shall be imposed);

1. As to the response to the request for appraisal - a letter of appraisal of narcotics (D base, etc.), a letter of appraisal of narcotics (2018-H-183), and the application of statutes of February 2018;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in the crime of violation of the Act on the Control of Narcotics, etc. Due to Handphone medication as stated in paragraph (3) of the said Article with the largest sentence for concurrent crimes);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Order to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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