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(영문) 인천지방법원 부천지원 2017.11.30 2017고단2602

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for six months.

Seized evidence No. 4 shall be forfeited from the defendant.

from the defendant.

Reasons

Punishment of the crime

The Defendant is not a narcotics handler, and the Metropha (hereinafter referred to as “philphone”) is a local mental medicine.

1. Crimes committed on July 2016;

A. On July 2016, the Defendant received Handphones from “D” the Defendant’s operation of the Defendant located in Yangcheon-gu Seoul Metropolitan Government, and received and delivered the phiphones from “D”, a man-made Handphone E.

B. The Defendant, at the time and place described in the above A. at the time and place described in the above paragraph (a) 1, administered the philophone’s non-opon on a coffee.

2. A crime committed on September 2016 as a sentry.

A. On September 2016, the Defendant received and delivered philophones, at the place described in the paragraph (a) 1-A, with a divers from the above E, containing a philophone’s influence.

B. After approximately one week from the date and time stated in the above paragraph A, the Defendant, at the residence of the Defendant F, F, 301, was inserted in the injection machine and dilution with water received from the Defendant as described in the above paragraph A, and was administered in the Defendant’s sexual flag.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the examination of suspects of E (list 20);

1. Each appraisal statement (list 17,18,19);

1. Investigation report (List 24);

1. Photographs (list 10);

1. Protocols of seizure and list of seizure (lists 8,9);

1. Application of Acts and subordinate statutes of subparagraphs 2 and 4 of this Decree;

1. The punishment provided for in Article 60 (1) 2, Article 4 (1) and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for the crime and the Selection of Punishment; and the imprisonment provided for in Articles 60 (1) 3 and 2;

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. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment (the confession, initial crime, and medication appears to have been given or received for the purpose of medication) is favorable to the defendant, and the circumstances unfavorable to the defendant (the crime of this case, which is repeatedly committed after accepting philophones from the upper line), is very pleasure.