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(영문) 인천지방법원 2015.11.18 2015고단6279
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

On July 12, 2015, at around 02:00, the Defendant: (a) taken approximately 0.05g of psychotropic drugs from Mambapon (tentatively referred to as “copon”; hereinafter referred to as “copon”), and injected them into the Defendant’s arms by inserting them into a single-use injection machine and dilution them with water.

Accordingly, even if the defendant is not a person handling narcotics, he received and administered psychotropic drugs.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the police statement concerning C;

1. Records of seizure and the list of seizure;

1. A statement on narcotics appraisal;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Article 60 (1) 2, Article 4 (1), and Article 2 subparagraph 3 (b) (the point of receipt and delivery of, and medication in, philopon) of the Act on the Management of Narcotics, Etc. for the Fact-finding, and the choice of imprisonment, respectively;

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 proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Application of the sentencing criteria;

(a) Basic crime: 10 to 2 years from the 10 month-2 year of the medication of phiphones (determination of type): Medication, simple possession, etc. of narcotics;

(b) Concurrent Crimes: Acceptance and delivery of notes (determination of types) from August to June 1, 200, etc. for medication under Type 2 (mariju, flavoon (special flavoon), i.e., marijuana, natives (b), (c), etc.): Acceptance and delivery for medication;

(c) Aggravation of multiple offenses: From 10 to 2 months;

2. Determination of sentence: Determination of sentence as ordered, in consideration of the overall conditions of sentencing, including the fact that the defendant for two years after the suspension of the execution of ten months is against the crime of this case, the fact that there is no same criminal record, the fact that he/she does not repeat the crime of this case, and the age, character and conduct, environment, motive and circumstances of the crime, and circumstances after the crime, etc.

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