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(영문) 인천지방법원 2017.12.01 2017고단6850
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

90,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge.

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, he purchased, sold, and administered the Metropha (cophophone; hereinafter “copon”) which is a local mental medicine as follows:

1. On May 12, 2017, the Defendant purchased approximately KRW 0.35g 20,000,000,000, from D hotel front paths in Nam-gu Incheon Metropolitan City, for one-time drinking fraud, from E.

2. On May 19, 2017, the Defendant purchased approximately KRW 2.5g 70,000,00,000 from E, in the residence of the F building No. 303 E of the Nam-gu Incheon Metropolitan City, Incheon.

3. On May 26, 2017, around 18:30, the Defendant, at H offices located in Seo-gu Incheon Metropolitan City, put about approximately 0.15g g opon into one-time drinking fraud, and dilution with water and injected with water to his/her arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A statement on narcotics appraisal;

1. Application of Acts and subordinate statutes to a report on investigation (the results of an investigation and calculation of a surcharge);

1. Relevant Article of the Act on the Management of Narcotics, etc. for the Fact-finding and the Selection of Punishment; Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. for the Selection of Punishment; and the Selection of Imprisonment with 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. Application of the sentencing criteria;

(a) Class 3 of the basic area (referring to the scope of recommended punishment), such as the medication (referring to the provision of recommendations), simple possession, etc. of the first crime (referring to the item (b) and (c) and the basic area (referring to October 2 to 2);

(b) Purchasing for medication and simple possession, etc. in the mitigated area (from August to January 6) for crimes (the scope of a recommended punishment) Nos. 2 to 23 (the scope of a recommended punishment), referring to buying and selling, arranging, etc. for sale and purchase;

(c) The scope of final sentence due to the aggravation of multiple offenses: October to March;

2. Circumstances unfavorable to the decision of the sentence (the period of the suspension of execution is limited, even though there is the enemy who was subject to the suspended sentence in regard to the same type of crime; and

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