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(영문) 인천지방법원 부천지원 2018.12.07 2018고단2708
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. On July 7, 2018, in Seo-gu Incheon Metropolitan City, 09:00, the Defendant purchased 110,000 won from the front side of the notice notice notice C to D and 1.10,000 won from the c.m., a local mental medicine that contains mecamination (YABA; hereinafter the same shall apply) 2.

2. At the time of the day indicated in paragraph 1 above, Defendant 1, together with the man (one-person E), who is the birth state of the above paragraph 1, administered the me in such a way as to inhale it by burning it on the eth day of gambling, and in such a way as to inhale it by using the me promptly.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A protocol concerning the examination of the suspect of each police officer against the defendant or D;

1. (A), each narcotics appraisal report (A), as a result of a simplified test of reagents;

1. Application of each statute on photographs;

1. Relevant legal provisions and Articles 60(1)2, 4(1), and 2 subparag. 3(b) (which means purchase and administration) of the Act on the Selection of Narcotics, Etc. for Criminal Facts, and the choice of imprisonment, respectively;

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. Article 62 (1) of the Criminal Act on the suspended execution. Article 62 (1) of the same Act on the grounds for sentencing as follows;

1. Where the mitigated area (6 months to one year and six months) of the three types of crimes (the scope of recommended punishment) (the scope of punishment) under Article 67 of the Act on the Control of Narcotics, Etc. for the purpose of sentencing (the scope of recommendation), such as trading, arranging, etc.

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