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(영문) 인천지방법원 2013.10.02 2013고단4048

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is not a person handling narcotics.

1. Points of the transaction of phiphones;

A. In February 2013, the Defendant received approximately 0.05 g of psychotropic drugs, which were psychotropic drugs contained in a single-use injection machine, from D, from the Defendant received Handphones without compensation.

B. On March 24, 2013, the Defendant received philophones from D without compensation about 0.05g philophones contained in a single-use injection machine at the above C Apartment parking lot.

2. Points of the administration of philophones.

A. The defendant 1-A

on the same day as paragraph 1, at the defendant's Ecoos car parked in the Yeonsu-gu Incheon apartment parking lot, the above 1-A.

As set forth in paragraph (1), the philophone was administered by inserting approximately 0.05 g of philophones into a single-use injection and dilution with raw water and injection into the Defendant’s left arms bloodline.

B. On March 31, 2013, the Defendant’s house located in the above E apartment No. 101 Dong 403, the above 1-B.

As set forth in paragraph (1), the philophone was administered by inserting approximately 0.05 g of philophones into a single-use injection and dilution with raw water and injection into the Defendant’s left arms bloodline.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of suspect examination of D by the police;

1. Responses to the request for appraisal, and additions to the request for appraisal;

1. Application of investigation reports (verification of prices for cancer transactions for narcotics, etc.) statutes;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of a sentence;

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 reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, etc. is that the defendant committed the instant crime again even though he had the record of being punished twice as the same crime.