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(영문) 인천지방법원 2016.02.17 2016고단256
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

On November 21, 2015, the Defendant: (a) received a disposable injection device without compensation, for which approximately 0.07 grams of Metepopa (one philopopon; hereinafter “philopopon”) which is a local mental medicine, from E, from the influence near D located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon; and (b) injected it into the Defendant’s arms.

Accordingly, even if the Defendant is not a narcotics handler, he received and administered philophones, which are a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect of the police against F and E;

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

1. Relevant legal provisions and Articles 60(1)2, 4(1), and 2 subparag. 3(b) of the Act on the Management of Narcotics, Etc., for criminal facts, and the choice of imprisonment with prison labor, respectively;

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. The proviso to Article 67 of the Narcotics Control Act;

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

1. Application of the sentencing criteria;

(a) Basic crime: 10 to 2 years from the 10th of October, 190 (the scope of the recommended punishment) of the Type 3 (b), item (c), and item (c)), such as the medication of phiphones (a determination of type), the administration of narcotics, the simple possession, etc.;

(b) Concurrent Crimes: Acceptance of notes (type determination) from August to June, 1 year and six months for administration (the scope of recommendations) of Class 2 (mariju, flavoon (b), item (c), etc.) (special sentencing factors): Acceptance of notes (the scope of recommendations).

(c) Aggravation of multiple offenses: From October to September 2.

2. Determination of sentence: The sentence shall be determined in accordance with the order, taking into consideration the following various sentencing conditions: the defendant, who was sentenced to a stay of ten months in prison, is against the crime of this case; there is no record of the same kind of crime; the defendant's age, sex, environment, motive and circumstance of the crime; and the circumstances after the crime.

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