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Reasons
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(영문) 인천지방법원 2016.10.07 2016고단5751
마약류관리에관한법률위반(향정)
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A defendant shall be punished by imprisonment for one year.

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

1. On August 2016, the Defendant purchased a one-time injection device containing approximately 0.03 gramopon from a person (one name E or F) who is not aware of his name, and then delivered KRW 50,000 by delivering KRW 50,00.

2. At around 20:00 of the above day, the Defendant, at the guest room of “G” 205, located in Jung-gu Incheon, Jung-gu, Incheon, in a manner of inserting water into a single-use injection machine containing approximately 0.03g of philopon purchased as above, melting philopon into the Defendant’s arms, and administering philopon into the Defendant’s arms.

Summary of Evidence

1. Defendant's legal statement;

1. Written appraisal of narcotics;

1. Application of Acts and subordinate statutes to investigation reports (report on the calculation of additional collection charges);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) (Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with Labor) concerning the facts constituting an offense;

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. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

1. The proviso to Article 67 of the Narcotics Control Act;

1. For the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the following should be taken into consideration: Type 3 (Scope of the recommended field) (Article 334(1) of the Act on the Aggravated Punishment, etc. of Narcotics) (Article 334(2) of the Act on the Aggravated Punishment, etc. (Article 33 of the Aggravated Punishment, Etc.) (Article 334(2) of the Act on the Aggravated Punishment, etc. of Narcotics; Article 334(2) of the Act on the Aggravated Punishment, etc. (Article 33 of the Aggravated Punishment, etc.) of the Act on the Aggravated Punishment, etc. of Narcotics; Article 334(2) of the Act on the Aggravated Punishment, etc. of Narcotics; Article 334 of the Act on the Aggravated Punishment, etc. of Narcotics; Article 2 of the Act on the Aggravated Punishment, etc. (Article 2002 of the Aggravated Punishment,

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