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(영문) 인천지방법원 2015.08.20 2015고단4072
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

1. On September 2013, the Defendant: (a) received approximately 0.05g of psychotropic drugs from D, a psychotropic drug, from D, at the residence of D located in Bupyeong-gu, Incheon, Bupyeong-gu; (b) on September 1, 2013, around September 1, 2013.

Accordingly, even if the Defendant is not a narcotics handler, he received psychotropic drugs-related philophones.

2. On September 2013, the Defendant committed a crime in the middle of September 2013, which received approximately 0.05 grams from D without compensation at the Defendant’s residence located in Seo-gu Incheon, Seo-gu, Incheon.

Accordingly, even if the Defendant is not a narcotics handler, he received psychotropic drugs-related philophones.

3. Around June 29, 2015, the Defendant, at around 23:30 on June 29, 2015, received approximately 0.05 grams from F without compensation at the Defendant’s residence located in Seo-gu Incheon, Seo-gu, Incheon, and then injected from F in the Defendant’s arms by inserting it into a single-use injection machine and dilution it with water.

Accordingly, even if the Defendant is not a narcotics handler, he received and administered psychotropic drugs-related psychotropic drugs.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of a narcotics appraisal report;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning the relevant criminal facts and the Selection of Punishment for Crimes;

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

1. The second crime that has no basic area (10 to 2 years) (10-2 years) for sentencing provided for in the proviso of Article 67 of the Act on the Control of Narcotics, Etc. for the reason of sentencing [the scope of recommendations] under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. and the mitigated area (8 to 16 months) (2 years) for the mitigation area (8 to 196 months) (2) of the Act on the Control of Narcotics, etc. for the purpose of sentencing (the scope of recommendations), including medication, simple possession, etc.

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