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(영문) 인천지방법원 2016.02.03 2016고단26
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

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

1. Violation of the Narcotics Control Act;

A. On December 5, 2015, the Defendant, at around 17:00 on December 5, 2015, injected the Defendant’s arms by inserting the meconium (one philopon; hereinafter “philopon”), which is a local mental medicine, into a single-use injection machine, in the Defendant’s dwelling toilet located in Nam-gu Incheon Metropolitan City, Nam-gu.

Accordingly, even if the Defendant is not a narcotics handler, he administered a philophone, which is a local mental medicine.

B. On December 8, 2015, the Defendant, who committed the crime on December 8, 2015, dump dump dump in the water at the Defendant’s residence indicated in paragraph (a) around the morning 1, 2015.

Accordingly, even if the Defendant is not a narcotics handler, he administered a philophone, which is a local mental medicine.

2. On December 14, 2015, at around 02:00, the injured Defendant: (a) forged the documents to the victim E (V, 45 years old) who was in charge of accounting duties at the Defendant’s company with the Defendant’s living female living together; (b) forged the documents, thereby embling the company fund; (c) embling the victim’s face; (d) embling the victim’s body by taking care of the victim’s body; and (e) embling the victim’s body, resulting in the victim’s injury to the boomor’s boom, which requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol by the police for E;

1. A written diagnosis of injury;

1. Records of seizure (137 pages of evidence records), list of seizure (138 pages of evidence records);

1. A written appraisal of each drug;

1. Application of Acts and subordinate statutes to a report on investigation (calculated an additional collection charge);

1. Relevant legal provisions of the Criminal Act, Article 257(1) of the Criminal Act (the point of harm), Articles 60(1)2 and 4(1)1 of the Narcotics Control Act, and subparagraph 3(b) of Article 2 of the Act on the Management of Narcotics, Etc., and the choice of imprisonment for each of the methods of punishment;

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;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. Article 67 of the Narcotics Control Act;

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