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(영문) 인천지방법원 2017.03.17 2017고단484
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 2016, 2016, the Defendant: (a) around the police station of 129 Dong 3103, Seo-gu Incheon, Seo-gu, Seo-gu, Seo-gu, approximately 0.03g of the Meblopon (one philopon; hereinafter “philopon”); (b) sent approximately 0.03g of the Melopon to D, the Defendant’s wife of the Defendant, one-time in the dwelling of the Defendant; and (c) injected him into the Defendant’s arms after inserting approximately 0.03g of the Melopon on the part of the Defendant.

2. On December 2, 2016, the Defendant, around the new wall, found D’s 0.03g of philopon 0.03g of philopon contained in D in a single-use guest room located in Seo-gu Incheon, Seo-gu, Incheon. The Defendant also injected approximately 0.03g of philopon into the part of the Defendant’s arms, melting him as water.

Accordingly, even if the Defendant is not a narcotics handler, he provided philophones, a local mental medicine, twice, and administered twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. A protocol concerning the examination of suspect of the police against the accused (two times, replacement of the accused);

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

1. Investigation report (for cases of audio recording files);

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for Criminal Facts and the Selection of Punishment (Provision of Handphones, provision of medication, and selection of punishment by imprisonment);

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 suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act, and Article 59 of the Act on the Protection, Observation, etc.;

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. Application of the sentencing criteria;

(a) Type 3 (b), the basic area of crime [the scope of recommended punishment], 10 months to 2 years, including medication, simple possession, etc. of narcotics;

(b)an offence No. 2 (a determination of type) trade or assistance in the trade of narcotic drugs;

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