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(영문) 인천지방법원 2017.12.15 2017고단7961
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

10,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge.

Reasons

Punishment of the crime

1. The Defendant, on September 21, 2017, suspects that the victim is not the victim of another male in front of the house of the victim D (Woo, 53 years old) living together with the Nam-gu Incheon Metropolitan City C (Woo) around September 21, 2017. The Defendant is doubtful that the victim is not the victim of another male, and that he will kill another male.

The term “the victim” and the victim’s head was assaulted by bleeping twice in the floor of the victim’s head at his/her hand.

2. No person, other than persons handling narcotics, in violation of the Narcotics Control Act, shall possess, possess, use, transport, control, import, export, manufacture, administer, administer, deliver, receive, trade, assist in the trade of, or provide narcotics or psychotropic drugs;

Defendant is not a narcotics handler.

Nevertheless, around October 13, 2017, the Defendant received approximately 0.05 g of the Mesophically mental medicine from G, which is a part of the F Park located in the Nam-gu Incheon Metropolitan City, for free, about 0.05 g of the Mesophically mental medicine, from G, and administered the Mesophopon in a way of delivering it to coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. A written appraisal of each drug;

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

1. Relevant legal provisions of the Act on the Management of Narcotics, etc. for the Fact-finding, Articles 60(1)2, 4(1)1, 2 subparag. 3(b) (including receipt and medication of phiphones), Article 260(1) of the Criminal Act (the occupation of violence) and each choice of imprisonment with prison labor;

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. 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) One criminal offense (the scope of a recommendation), referring to the medication, simple possession, etc. of the three types (one year to three years), the aggravated area (one year to three years) (one year to three years), the same criminal offense (the suspension of execution of one year or less), and the same criminal offense (the suspension of execution of one year or less);

(b) 2 offences (sopon acceptance).

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