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(영문) 인천지방법원 2020.11.20 2020고단5916
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. The Defendant, around March 2020, posted a psychotropic substance into a injection machine, dilution the volume of a psychotropic drug, in which it is impossible to identify the trade name near the subway station 16, which is a subway station in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and then put the psychotropic drug, and then put it into a diveter and dilution, and put it into a diveter and then put it into a dilution.

Accordingly, the Defendant administered an ambiguous quantity of philophones.

2. The Defendant, around 17:00 on May 10, 202, puts in the cup-gu Incheon Bupyeong-gu B building, or the Defendant’s house located under subparagraph (C) the quantity, the fluence of which is not known from sculphon, and dye and dye next dys.

Accordingly, the Defendant administered an ambiguous quantity of philophones.

Summary of Evidence

1. Defendant's legal statement;

1. Each request for appraisal;

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

1. Relevant laws and the choice of punishment concerning facts constituting a crime: The punishment under Articles 60 (1) 2, 4 (1) 1, and 2 subparagraph 3 (b) of the Narcotics Control Act, and the choice of imprisonment;

1. Aggravation of concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act;

1. Orders for probation or education: Article 62-2 of the Criminal Act;

1. Additional collection: proviso to Article 67 of the Narcotics Control Act;

1. A provisional payment order: The sentencing of Article 334(1) of the Criminal Procedure Act shall be determined as ordered in consideration of the following circumstances.

Unfavorable circumstances: The crime related to narcotics has serious social harm caused by toxicity, and thus requires strict sanctions: The defendant has no record of being punished for the crime related to narcotics, and the frequency of medication is limited to two times; the defendant's recognition of the crime and reflects it: The age, the environment, and the circumstances after the crime.

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