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(영문) 인천지방법원 2016.11.28 2016고단7310

마약류관리에관한법률위반(향정)

Text

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

20,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

On April 23, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. (fence) at the Seoul Western District Court on April 23, 2013 and completed the execution of punishment on July 2, 2013.

1. On December 2015, the Defendant administered philophones by inserting approximately 0.05g philophones at the Defendant’s house located in Songpa-gu Seoul, Songpa-gu, Seoul, in a single-use injection machine, and in a way of injecting them into the arms after being melted with water.

2. On December 2015, the Defendant administered approximately 0.05 grams of philophones at the same place as above in the order of December 2015.

Summary of Evidence

1. The Defendant’s partial statement in court denies the crime by asserting that he did not have administered phiphones at the same time as the fact of the crime.

However, D has consistently stated the witness of the crime of the defendant at an investigative agency to this court. D has consistently stated the witness of the crime of the defendant. The credibility of D's statement is recognized, the defendant's appraisal of the defendant's 3.5cm or 6cm hair caused the reaction to the training of phiphones. These results can be presumed that the defendant administered phiphones around the time stated in the crime. In light of each legal statement of the defendant, D and E, it is sufficiently recognized that the defendant had the right to phiphones and had the possibility of administering phiphones in the situation where the defendant was living together with D around the time specified in the crime, taking into account the fact that the defendant had the right to phiphones and had the possibility of administering phis by himself, there is evidence of the crime.

1. Witnesses D and E respective legal statements;

1. Statement on D in the suspect examination protocol of the accused by the prosecution;

1. Statement by the prosecution concerning D;

1. A narcotics appraisal statement (141 pages of investigation records);

1. A report on investigation (189 pages of investigation records);

1. A investigation report (related to the price for cancer trading and collection of narcotics);

1. Previous convictions: Criminal records, written judgments, and current status of personal confinements;