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(영문) 인천지방법원 2017.02.02 2016고단8088
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. On April 18, 2016, around 10:00 to 16:00, the Defendant put approximately 0.05g of Mepters (one philophone; hereinafter referred to as “philophone”) in a single-use part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part of part-time part-time part-time part-time part-time part-time part of part-time part-time part-time part-time part-time part of part-time part-time part-time part-time part-time part of part-time part-time part-time part-time part of part-time part-time part-time part

2. On April 26, 2016, from around 10:0 to 16:00 to around 16:00, the Defendant put about approximately 0.05g opon into a single-use injection machine in the Nam-gu Incheon Metropolitan City, and melted into D’s arms, and then injected approximately 0.05g oponon into a single-use injection machine, and melted the Defendant’s arms.

Accordingly, even if the Defendant is not a narcotics handler, he administered a philophone, which is a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning suspect examination of D; and

1. Each report on investigation;

1. Application of a protocol of seizure, list of seizure, and reply statutes requested for each appraisal;

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 (The following favorable circumstances shall be considered among 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. The scope of the recommended sentence according to the sentencing guidelines: The scope of the final sentence due to the aggravation of multiple offenses for which the basic area (from October to two years) (no person who is subject to special sentencing) is in the basic area (from October to October): October 3 years;

2. The Defendant, who was sentenced to the sentence for the last two years, was sentenced twice to the suspension of indictment for the same kind of crime, thereby leading to the instant crime.

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