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(영문) 인천지방법원 2018.01.18 2017고단8861
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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. On October 13, 2017, the Defendant provided a single-use injection device, which contains approximately 0.05g of philopon, to E on the street in front of the D Park located in the Southern-gu Incheon Metropolitan City, around 18:00, around 13, 2017.

2. Around 14:00 on October 15, 2017, the Defendant administered approximately 0.05 gramopon to a coffee at the Defendant’s residence located in the Nam-gu Incheon Metropolitan Government F loan No. 2 Dong 102 on a different basis.

Accordingly, even if the defendant is not a narcotics handler, he provided and administered a penphone, which is a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the suspect against the defendant (including a cross-examination);

1. A report on the records of E currency, other than a case;

1. A protocol of seizure and a list of seizure;

1. Response to a request for appraisal;

1. Application of Acts and subordinate statutes to one copy of the transaction price of narcotics, etc. to a investigative report, and among the reports issued by the Supreme Prosecutors' Office (calculated on a monthly trend of narcotics, etc. October 2017);

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. 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Protection and observation, orders to attend lectures, and orders to provide community service under Article 62-2 of the Criminal Act;

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

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

1. Two crimes that fall within the scope of the recommended sentence according to the sentencing guidelines [the scope of the recommended sentence] [the scope of the recommended sentence] and the basic area (one year to two years) of the types (one year to two years), including marijuana, flapsy, item (b), item (c), etc.) and item (c), etc.)] of the two crimes (the scope of the recommended sentence] of the basic area (three months to two years), including medication and simple possession (the scope of the recommended sentence) of the three types (one year to two years); the scope of the final sentence due to the aggravated punishment [the person who has no person who has any special sentencing]; one year to three years;

2. The decision of sentence shall be made twice for the same offense; and

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