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(영문) 인천지방법원 2018.03.30 2018고단862
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

1. On July 2017, the Defendant posted approximately 0.07 g of Meart clops (one philopon; hereinafter “philopon”) at the Defendant’s residence located in Nam-gu Incheon Metropolitan City C 303 at the Defendant’s house, and melted them as water, and injected them into the Defendant’s arms.

2. On January 1, 2018, the Defendant administered phiphones by inserting phiphones into the instant Defendant’s residence and recording them with water.

3. On January 14, 2018, at around 23:00, the Defendant administered phiphones by inserting phiphones into the instant Defendant’s residence and melting them into water.

Accordingly, even though the Defendant is not a narcotics handler, the Defendant administered philophones, a local mental medicine, three times.

Summary of Evidence

1. Statement by the defendant in court;

1. A response to a request for appraisal, and a letter of appraisal of narcotics;

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., and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc., and Selection of imprisonment with prison labor for a crime;

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Orders to observe protection and attend lectures 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. Scope of the recommended sentences according to the sentencing criteria;

(a) Type 3 (referred to in items (b) and (c)) of the basic area (referring to 10 months to 2 years) of medication, simple possession, etc.;

(b) Scope of final recommendations following the aggravation of multiple crimes: From October to August 3; and

2. The Defendant rendered a sentence: (a) administered phiphonephones three times.

The defendant reflects his mistake and does not repeat his offense.

The defendant has no history of criminal punishment.

In the above circumstances, the defendant's character, family relationship, family environment, and crime are committed.

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