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(영문) 인천지방법원 2020.04.23 2020고단1442
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 January 20, 2020, the Defendant, in the residence of the Defendant located in Seo-gu Incheon, Seo-gu, Incheon, administered the scopon dose by using the scopon in a method of cutting the scopon to a water disease as soon as possible, and driving the scopon by using the scopon (the scopon method).

2. At around 23:00 on February 7, 2020, the Defendant administered philophones in the same manner as that described in paragraph (1) at the above dwelling of the Defendant.

3. Around February 8, 2020, the Defendant administered the opon’s opon’s opon’s opon’s opon’s opon’s opon’s opon’s opon’s opon’s opon at the end of increasing the opon’s opon’s opon’s opon’s opon

Summary of Evidence

1. Statement by the defendant in court;

1. Examination protocol of the accused by prosecution;

1. Investigation report (Attachment of a photograph of conversations between a suspect cell phone and C);

1. A narcotics appraisal statement;

1. Report on investigation (related to the calculation of additional collection charges) and application of Acts and subordinate statutes concerning the monthly trend of narcotics;

1. Imprisonment with prison labor under Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Prevention of Criminal Crimes and the Selection of Narcotics, Etc.;

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;

1. Article 67 of the Act on the Management of Narcotics, etc. subject to Confiscation and Collection;

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

1. The scope of recommendations according to the sentencing criteria (decision of types): 01. Medication, simple possession, etc. (Type 3) of narcotics crimes;

Items c) and c.

Title [Recommendation and Scope of Recommendations] Basic Field, 10 months to 2 years of imprisonment (general person) - Reduction element: No record of criminal punishment;

2. Determination of sentence: 10 months of imprisonment, the content of the crime as indicated in the holding of two years of suspended sentence, the reasons for the above sentencing, the age, character, conduct and environment of the defendant.

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