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(영문) 인천지방법원 2013.11.06 2013고단6100
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Around January 22, 2013, the Defendant violated the Act on the Control of Narcotics, etc. (flag) provided D with approximately 0.05g of psychotropic drugs-related Metepopon (i.e., one philopon; hereinafter “philopon”) at the Defendant’s house located in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu 101.

2. Violation of the Act on the Control of Narcotics, etc.;

A. A. Around January 22, 2013, the Defendant smoked marijuana in a way that, at the home of the above Defendant, deducted the tobacco smoke of the tobacco in his possession, puts the smoke of marijuana in and added a fire to it, thereby flying the smoke.

B. The Defendant received marijuana from D, at the above date, at the place, and without compensation, the franchising volume of marijuana.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of examination of the police concerning D, and a written statement of D;

1. Requests for appraisal of narcotics;

1. Application of investigation reports (verification of prices for cancer transactions for narcotics, etc.) statutes;

1. Article 60 (1) 2, Article 4 (1), subparagraph 3 (b) of Article 2, Article 61 (1) 4 (a), Article 30 subparagraph 10 (a) of the Narcotics Control Act, Article 61 (1) 6, and Article 4 (1) of the Narcotics Control Act, Article 61 (1) 6 of the Narcotics Control Act, Article 61 (1) 6, and Article 4 (1) of the Act on the Management of Narcotics, Etc., and Selection of Imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act (see the following reasons for sentencing)

1. Probation and community service order under Article 62-2 of the Criminal Act;

1. The proviso of Article 67 of the Act on the Control of Narcotics, Etc. [103,000 won, which is the basis of calculation = 100,000 won (the national average price for one-time medication of a scoponphone) 3,000 won (the 1,500 won for marijuana x 2 times (inscopon and delivery) x the defendant again commits the instant crime even though he had the record of punishment for the same kind of crime.

However, the defendant is the case.

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