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(영문) 인천지방법원 2016.01.27 2015고단8304

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 3 shall be confiscated.

300,000 won from the defendant.

Reasons

Punishment of the crime

On July 18, 2014, the Defendant was sentenced to one year of imprisonment for a violation of the Narcotics Control Act in the Incheon District Court on July 18, 2014, and completed the execution of the said sentence in the official prison on May 27, 2015.

1. On December 2015, the Defendant: (a) around 02:00 on the first day of December 2015, 2015, the Defendant: (b) concealed KRW 300,000 to the toilets of D restaurant buildings located in Seo-gu Incheon, Seo-gu, Incheon; (c) made the Defendant bring about the above money to the non-personal male; and (d) in response, the Defendant carried out 0.105g of the instant non-personal male in the name of Seo-gu Incheon, Seo-gu, Incheon, with approximately 0.105g of the philop.

Accordingly, although the defendant is not a narcotics handler, he purchased and sold philophones which are local mental medicine.

2. On December 16, 2015, the Defendant drank approximately 0.035g of philophones purchased in the Defendant’s residence located in Seo-gu Incheon, Seo-gu, Incheon, with approximately 0.035g of philophones purchased as described in paragraph 1.

Accordingly, although the defendant is not a narcotics handler, he administered philophones, which are a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure and each list of seizure;

1. A written appraisal of each drug;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history (A), investigation report (the confirmation of the date of release A of the suspect) and statutes;

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. Article 35 of the Criminal Act for aggravated repeated crimes;

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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

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: Handphone medication;