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(영문) 인천지방법원 2014.05.09 2014고단1781

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

On February 15, 2013, the Defendant was sentenced to one year of imprisonment and three years of suspended execution for a crime of violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on February 15, 2013, and the said judgment became final and conclusive on February 23, 2013, but the said suspended sentence was revoked on January 10, 2014, and is currently under execution of the said sentence.

The defendant is not a person handling narcotics.

From November 12, 2013 to November 21, 2013, the Defendant administered the psychotropic drugs in an irregular manner in a non-fluorious manner, between the Chinese Cheongdo and China or in an irregular area not exceeding Incheon.

Summary of Evidence

1. Partial statement of the defendant;

1. Copy of the judgment, each request for appraisal and communication confirmation data;

1. Investigation report (verification of market price of phiphonephones and calculation of additional collection charges);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Protection of Narcotics, Etc., and Selection of Imprisonment with prison labor concerning facts constituting an offense;

1. The Defendant and his defense counsel asserted in the proviso of Article 67 of the Act on the Management of Narcotics, Etc., asserted that the instant facts charged were not specified, and that the Defendant did not have any means to administer the instant phiphones.

However, according to the above evidence, although the exempted reaction test method among the urine appraisal method shows the training of other drugs similar to philophones and chemical structure. However, in this case, the Gas Crop analysis method used by the National Science Investigation Institute can clearly distinguish over-the-counter drugs and Mespamspamspamspamspamspamspamspamspamspamspamspamspamspamspamspamspamspams, in the past, if the defendant selects such method, he administered philophonespamspamspamspamspamspamspamspamspamspamspamspon.