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(영문) 인천지방법원 2014.10.15 2014고단6208
마약류관리에관한법률위반(향정)
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On August 23, 2014, at around 20:0, the Defendant received approximately 0.1gg of psychotropic drugs from D on the street in front of the convenience store located in Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, with no charge, from D, and administered them by drinking approximately 0.02g of the above sponon in the Defendant’s Spon car parked on the street at the same time and at the same time.

2. On August 25, 2014, at around 12:00, the Defendant possessed approximately 0.08g of the remaining 0.08g of the said phiphonephones in the Defendant’s house located in the Southern-gu Incheon Metropolitan City E 31 Dong-dong 402, in a way that he/she stores them in a container plastic case on his/her book.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to F and G by the police;

1. Records of seizure and the list of seizure;

1. Requests for each appraisal;

1. Written replys to requests for appraisal;

1. Application of Acts and subordinate statutes concerning an investigation report (related to a claim for collection collection and collection preservation);

1. Article 60 (1) 2, Articles 4 (1), and 2 subparagraph 3 (b) (the point of receipt, delivery, medication, and possession of a penphone) of the Act on the Management of Narcotics, Etc. and the Selection of Imprisonment with prison labor for the crime;

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 (Article 62 (1) of the suspended sentence (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act provides that the circumstances before and after the commission of a crime are not good; it

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection = 164,400 won = 100,000 won per penphones/ 64,400 won [920,000 won per penphones as of July 2014 nearest at the time of sentencing (the average nationwide retail price per phiphones per day) x 0.07 grams;

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