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(영문) 인천지방법원 2018.01.25 2017고단8800
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

Despite the fact that the Defendant is not a narcotics handler, the Defendant provided, administered, and traded Metepha clopulon (the copon (the copon, the copon; hereinafter the copon) which is a local mental medicine as follows.

1. On August 2, 2013, the Defendant provided C with a philoopon volume (one-time projected volume) from the ambopon dong-gu, Gyeonggi-gu, Gyeonggi-do, with a ambopon volume (one-time projected volume) at the ambopon copon copon copher at the same time and at the same place, put the ambopon volume (one-time projected volume) into the ambopon copon fraud, and dilution it with water, and administered it for one’s arms.

2. On October 30, 2017, the Defendant purchased approximately KRW 1g 350,000,000 from the name in front of the EF, the name in front of the NAF located in Heung-gu, Gyeonggi-gu, Gyeonggi-do, Gyeonggi-do, the Defendant purchased approximately KRW 1g 3.5 billion from the name in front of the EF (hereinafter “F”).

3. On October 31, 2017, the Defendant, at around 23:00, put approximately 0.03g of opon into the guest room in the non-commercial telephones room in the single-time popon fraud, and dilution with water, administered the Defendant for injection in his/her arms.

4. On November 3, 2017, at around 15:00, the Defendant administered approximately 0.04 g of philopon at the Defendant’s residence of Gyeyang-gu Incheon Building (1212), in the same manner.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. A mobile phone photograph of the victim;

1. Each investigation report, and the application of Acts and subordinate statutes of each narcotics appraisal report;

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. One crime (the scope of recommended sentences), sale, brokerage, etc. according to the sentencing criteria;

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