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(영문) 인천지방법원 부천지원 2015.04.01 2015고단157
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. At around 02:00 on November 6, 2014, the Defendant administered philophones by means of having C take a psychotropic substance dilution with water using a single-use injection device, at the house of Seocheon-gu, Seocheon-gu, Seocheon-gu, B, and by having C take a psychotropic substance dilution with water.

2. On November 16, 2014, the Defendant administered philophones in the same manner at the same place at around 21:00.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the respective Acts and subordinate statutes in response to the request for appraisal (ABA) and the response to the request for appraisal (AB)

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment with prison labor;

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. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of recommending punishment] the reason for sentencing under Article 62-2 of the Act on the Order of Community Service and Order of Education, Article 59 of the Act on the Probation, etc. [the period of punishment] types 3 (the period of punishment under item (b) and (c) of medication, simple possession, etc.] self-denunciation, important investigation cooperation / [the decision of sentence] the defendant has no record of being sentenced to a fine or more severe punishment except for the criminal records of this kind; the defendant voluntarily surrenders himself to the investigation agency after the crime of this case; the defendant voluntarily surrenders himself to the investigation agency after the crime of this case; and the fact that Article 51 of the Criminal Act

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