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(영문) 인천지방법원 2018.08.17 2018고단4870
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

150,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge.

Reasons

Punishment of the crime

1. On December 2017, the Defendant, who administered a cropopon (one cropopon; hereinafter referred to as “propopon”) in order to take approximately 0.05g of the cropopon at the Defendant’s residence located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon, around 14:00, put about approximately 0.05g of the cropon into a single-use cropopon, and injected it into the Defendant’s arms.

Accordingly, even if the Defendant is not a narcotics handler, he administered a philophone, which is a local mental medicine.

2. On June 3, 2018, the Defendant purchased phiphonephones, around June 3, 2018, 50,000 won in cash to E in consideration of the fact that he/she saw the volume of phiphones, which were contained in the part of a disposable in front of the non-commercial convenience store in the south-gu Incheon Metropolitan City D around June 3, 2018.

Accordingly, even if the defendant is not a narcotics handler, he purchased a penphone, which is a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect concerning F by the prosecution;

1. Written reply to the request for appraisal (AF - Detection of philophones) and a written reply to the request for appraisal (componing, training of philophones);

1. The details of messages;

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, subparagraph 3 (b) of Article 2 and Article 2 (1) 3 of the Act on the Management of Narcotics, Etc. for the Fact-finding and the Selection of Imprisonment with prison labor;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 crime (the scope of a recommendation), 3 (b) basic areas (not less than October 2) (not less than 10 years to 2) (a) basic areas (not less than 2 years) including the medication, simple possession, etc.

(b) Purchase or acceptance for medication, simple possession, etc. in the mitigated area (from August to January 6) of Class II (the scope of recommendations), including the sale and purchase of phiphones (the scope of punishment) and mediation, etc.

(c)in accordance with the increase of multiple offenses.

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