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(영문) 인천지방법원 2018.10.26 2018고단6430
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 23, 2017, the Defendant injected Metepha (one philopon; hereinafter “philopon”) on the Metepha (one philopon”) on November 23, 2017, in the underground floor near D Park located in the Nam-gu Incheon Metropolitan City around the beginning of November 23, 2017, in which the volume of philopon’s philopon’s blopon’s copon in water was melted into the Defendant’s arms.

2. On February 18, 2018, the Defendant, who administered phiphonephones, melted the phiphones volume into water and injected with the Defendant’s arms around February 18, 2018, located in the hotel G f located in the Nam-gu Incheon Metropolitan City, Nam-gu.

Accordingly, even though the Defendant is not a narcotics handler, the Defendant administered philophones, a local mental medicine, twice.

Summary of Evidence

1. Statement by the defendant in court;

1. An appraisal report on narcotics (surine-surphone training), and an appraisal report on narcotics (surphone training);

1. Report of investigation (the date and place of crimes using telephone conversations, etc., specified) and results of tracking the locations A of suspects;

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

1. Selection of imprisonment with prison labor under Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Crimes and Selection of Punishment for the Prevention of Illegal Crimes;

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. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

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. Scope of the recommended sentences according to the sentencing criteria;

(a) Class 1 and 2 (the scope of a recommended sentence) in the basic area (from October to two years) (no person subject to special sentencing) in the basic area (from October to 2 years);

(b) The scope of final sentence due to the aggravation of multiple offenses: Ten months to three years; and

2. The crime of this case in which the sentence of sentence was determined has been administered twice by the Defendant, and in light of the addiction of narcotics and the harm, etc. caused by the administration of narcotics, the act of administering narcotics shall be punished and eradicated strictly.

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