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(영문) 인천지방법원 2014.11.26 2014고단6804
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

On March 29, 2013, at around 17:00, the Defendant received approximately 0.5g of Metrophos (one philopon) a psychotropic drug, which was contained in a single-use injection device from D, Nam-gu Incheon Metropolitan City, Seoul, and received them without compensation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on prosecutor's statement to E;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Protection of Narcotics, Etc., and Selection of Imprisonment with prison labor concerning facts constituting an offense;

1. Article 62 (1) of the Criminal Act (including the fact that a person has not re-offending for a considerable period since he/she was punished for the same crime in 2000), the fact that he/she has committed an error against himself/herself, the fact that he/she has not been prosecuted due to the administration of phiphone, and the fact that he/she raises children

1. proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection = 460,000 won = 920,000 won (the nationwide retail price per 1 gram as of July 2014 nearest at the time of rendering a judgment) x 0.5 grams;

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