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(영문) 인천지방법원 2015.11.26 2015고단6232
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six 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

1. On May 5, 2015, the Defendant saw 50,000 won to C in the mutual influent entertainment room located in the Nam-gu Incheon Metropolitan City, and as a result, around 18:00 of the same day, the Defendant saw 0.05 g of approximately 0.05 g of psychotropic drugs from C in the street room equipped with the art center located in the art center in the Nam-gu Incheon Metropolitan City, Namdong-gu, Incheon, and 149 of the same day, dump, as seen above, dump, purchased from the art center in the art center in the art center, Nam-gu, Incheon, Nam-gu, Incheon, and dump, with approximately 0.05 g of psychotropic drugs, around 23:00 of the same day.

Accordingly, even if the Defendant is not a narcotics handler, he purchased and sold psychotropic drugs, and administered psychotropic drugs.

2. On May 11, 2015, the Defendant: (a) 100,000 won p.m. to C in the mutual influorial entertainment room located in the Nam-gu Incheon Metropolitan City, Nam-gu; (b) 21:00 p.m. on the same day, the Defendant dnife C with approximately 0.1g of philopon from the f.m. on the street room equipped with the art center specified in paragraph (1); and (c) dnife the philop purchased on May 14, 2015 at the Defendant’s dwelling located in Nam-gu, Incheon Metropolitan City.

Accordingly, even if the Defendant is not a narcotics handler, he purchased and sold psychotropic drugs, and administered psychotropic drugs.

Summary of Evidence

1. Defendant's legal statement;

1. Written appraisal of narcotics;

1. Application of Acts and subordinate statutes to investigation reports (to analyze monetary details and apply for arrest warrant);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, etc., concerning the relevant criminal facts and the Selection of Punishment;

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 second crime [the scope of recommendation] trading and good offices, etc. for the reason of sentencing under the proviso to Article 67 of the Act on the Control of Narcotics, Etc., and the third category (referring to six to one year and one year and six months) of the mitigation area (referring to six to one year and six months) of the mitigation area (referring to six to one year and six months) of the Act on the Control of Narcotics, etc.

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