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(영문) 인천지방법원 2015.12.10 2015고단6596
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. At around 19:00 on June 17, 2015, the Defendant: (a) purchased a mercopon (hereinafter “copon”); (b) 200,000 won from D’s car parked on the street in front of Incheon Bupyeong-gu, to D; and (c) 0.2g of D’s opon from D; and (d) around 23:00 on the same day, G 0.2g of 0.2g from L’s car parked in the vicinity of the F tunnel located in Bupyeong-gu, Incheon; and (b) received approximately 200,000 won and 0.05g of opon from G.

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

2. The Defendant, at around 22:00 on July 14, 2015, drank a 0.05 galopon administered by G, as described in paragraph (1), at the Defendant’s place of residence in Nam-gu, Incheon, Nam-gu H and 501, dalopon.

Accordingly, the Defendant administered psychotropic drugs, even though he is not a narcotics handler.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the third protocol concerning the examination of suspects of the police to G;

1. Application of Acts and subordinate statutes of each letter of narcotics appraisal;

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 for Crimes;

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 collection of a penalty shall be made based on the increase of multiple crimes, where the reduction area ( August to 16) of Part II (Recommendation Scope), the reduction area ( August to 16), the reduction area ( August to 196) of Part II) of Part II (SP) of the Act on the Control of Narcotics, Etc. (Special Mitigation Doctrine Doctrine Doctrine Doctrine Doctrine Doctrine Doctrine), the reduction area ( August to 10), the reduction area ( August to 16) of Part II of the Act on the Control of Narcotics, Etc. (Special Mitigation Doctrine Doctrine Doctrine Do

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