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(영문) 인천지방법원 2019.07.26 2019고단1355

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

203,000 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

1. Violation of the Narcotics Control Act;

A. On February 14, 2019, the Defendant: (a) dilution the non-fluoric volume of cambacopon (tentatively called “copon”; hereinafter referred to as “coponon”) into water at a non-permanent area below Gangwon-do; and (b) injected the Defendant’s copon into a single-use injection machine; and (c) injected the Defendant’s copon into his arms.

B. On February 18, 2019, at around 13:00, the Defendant: (a) taken a single-use injection device containing approximately 0.1g of phiphonephones from D in Michuhol-gu Incheon, Michuhol-gu, Incheon; (b) injected them into the Defendant’s arms and dives, and administered them for administration.

Accordingly, even if the defendant is not a person handling narcotics, he administered philophones twice.

2. The Defendant, in violation of the Act on the Control of Narcotics, etc. (marijuana) committed a smoking act in such a way as to put in the pipes made of Aluminum aluminium as the date and time set forth in paragraph (2) above and in the place, mix the marith by mixing it with the marith

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement of each prosecutor's protocol of examination of the defendant against the defendant;

1. The second and third protocol of examination of suspect suspect against the accused, which contains some statements;

1. Records of mobile phone calls of the informant and suspect, analysis of the details of AF, G telephone calls, vehicle traffic records, table of requests for appraisal, and table of requests for appraisal;

1. Report of investigation (record of contents of currency of a suspect and an informant);

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 61 (1) 4 (a), and subparagraph 10 (a) of Article 3 of the Narcotics Control Act concerning the facts constituting an offense, and the choice of imprisonment with prison labor for each of the following items:

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.