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(영문) 인천지방법원 2017.06.15 2017고단3191
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for not less than eight 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. Despite the fact that the Defendant is not a narcotics handler, around January 3, 2017, around 22:00, the Defendant: (a) had C put approximately 0.03g of the Mesophical mental medicine-related Mesophical popon into the Mesophical Mesophical fraud; (b) inserted approximately 0.03g of the Mepopon, which is a local mental medicine, into the Mepopic Mepopic mecopon; and (c) administered meopon by dilutioning it with water to the Defendant’s arms.

2. Around 02:00 on January 4, 2017, the Defendant: (a) smoked marijuana in a pipe made by the gambling ground in Incheon Bupyeong-gu B, Incheon, by inserting the fluor of the hemp; and (b) attaching the fluor of the hemp to the smoke.

Summary of Evidence

1. Statement by the defendant in court;

1. A written consent for the extraction of urine or hair, and an appraisal report on narcotics;

1. Application of Acts and subordinate statutes to investigation reports (the identification of the market price of the hemp plant, and the calculation of additional charges);

1. Relevant Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Narcotics Control Act concerning the facts constituting an offense, and the choice of imprisonment, respectively;

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. Orders to observe protection and attend lectures 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 for the crimes falling under Category 1 [the scope of the recommended sentence] and the scope of the final sentence due to the aggravation of multiple self-denunciations / [the scope of the recommended sentence] of the mitigated area (the scope of six months to one year and six months) of the mitigated area (the scope of the recommended sentence] of Category 2 (the scope of the recommended sentence), including the medication and the possession of simple weapons: August to February, 2;

2. Sentence;

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