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(영문) 인천지방법원 부천지원 2017.06.15 2017고단1008
마약류관리에관한법률위반(향정)
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

The Defendant is not a narcotics handler, and the Metropha (one philophone, hereinafter referred to as “philophone”) is a local mental medicine.

1. Around the end of January 2017, the Defendant received and delivered the Defendant’s Dives automobile parking lot located in the front of the post office located in Guro-gu Seoul Metropolitan Government, from the rophone E without compensation, and then administered the said rophone 0.03g to the coffee in the vicinity of the Gu F on the same day after “G hospital” located in the Gu F, and then administered the said rophone 0.03g to the coffee.

2. On January 2017, around three days after the date indicated in paragraph 1, the Defendant received and delivered 0.03 g of the philopon from the above E, and immediately administered 0.03 g of the philopon to the coffee at the same place.

Summary of Evidence

1. Statement by the defendant in court;

1. The details of each currency (List 12,33), appraisal statement (List 39);

1. Each investigation report (List 32,37);

1. Application of Acts and subordinate statutes to the protocol of seizure and the list of seizure (list 17,18);

1. The punishment provided for in Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for the crime and the Selection of Punishment; and the imprisonment provided for in Articles 60 (1) 3 and 2;

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. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) appears to have been affected seriously by mistake during the period of detention for about two months, and Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (1) of the same Act (Article 62 (3) of the same Act shall not apply to cases where

1. Protective observation, Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Community Service Orders;

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

1. Article 334(1) of the Criminal Procedure Act provides for the order of provisional payment.

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