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(영문) 인천지방법원 2019.01.18 2018고단8242
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, in violation of the Act on the Control of Narcotics, etc. (fence) handled narcotics as follows, although he is not a person handling narcotics.

On January 1, 2018, the Defendant, at around 00:00, inserted c apartment D, which is one’s residence in Yeonsu-gu Incheon Metropolitan City, a psychotropic drug, in a single-use injection instrument, dacthophones (hereinafter “per-time medication”), into a single-use injection instrument, dilution into a single-use injection instrument, and dactulon was administered by means of injection into a human blood pipe.

B. At around 00:00 on July 14, 2018, the Defendant: (a) inserted the volume of philopon in C Apartment D, which is a place as seen above, into a single-use injection machine; (b) injected with water; and (c) injected philopic in a way of injecting it into a human blood transfusion.

2. Around 20:00 on July 7, 2018, the Defendant violated the Act on the Control of Narcotics, Etc. (mariana) attached the influor amount of marijuana in C Apartment D, which is a place as seen above, as a paper, with the influor as a stringer, and smoked marijuana by a smokeing method.

Summary of Evidence

1. Defendant's legal statement;

1. Police seizure records;

1. A report on investigation (calculated additional charges);

1. Written appraisal of narcotics;

1. Application of Acts and subordinate statutes, such as seized articles and seizure sites;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 61 (1) 4 (a), and subparagraph 10 (a) of Article 3 of the Narcotics Control Act concerning the facts constituting an offense, and the choice of imprisonment with prison labor for each of the following items:

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [a person who commits concurrent crimes with punishment determined in the crime of violation of the Act on the Control of Narcotics, etc., due to the administration of phiphonephones as stated in subparagraph 1-b of the holding with the largest punishment] among concurrent crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;

1. Collection of narcotics;

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