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(영문) 인천지방법원 부천지원 2014.02.20 2014고단60

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for six months.

One divers (No. 2) seized shall be confiscated.

from the defendant.

Reasons

Punishment of the crime

[Criminal Power] On June 7, 2012, the Defendant was sentenced to one year of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) in the support of the Incheon District Court. On June 8, 2013, the Defendant completed the execution of the sentence in the previous prison on June 2013.

【Criminal Facts】

Defendant is not a narcotics handler.

1. On September 2013, 2013, the Defendant administered philophones by inserting approximately 0.1g of psychotropic drugs in a single-use injection machine, dilution, and 202 at the Defendant’s residence, Hacheon-si, 16-dong, 202, and 0.1g of psychotropic drugs (hereinafter “philophones”). After dilution with water purifiers, the Defendant administered philophones by means of injecting them into the right part of the blood body.

2. On January 6, 2014, at around 04:00, the Defendant administered phiphones by inserting approximately 0.1g of phiphones into a single-use injection machine in Seo-gu Incheon, Seo-gu, Seo-gu, Incheon, in a way that the Defendant injecteds phiphones to the right arms and dives, dilutions into a single-use injection machine, and in a way that is to injects phiphones to the right arms.

3. The Defendant, at around 04:00 on January 6, 2014, carried a phiphone by inserting the remaining 0.11g of a philophone, administered as described in paragraph (2), in a white paper, into one’s rophone, and carrying the rophone by inserting it into the back rophone by no later than 1:40 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure;

1. Each photograph;

1. A written request for appraisal;

1. Investigation report (report on the market price of phiphonephones);

1. Previous convictions: Application of criminal records and investigation reports (Attachment to recent rulings released from court) and statutes;

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, etc. under the relevant Acts on criminal facts;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The main sentence of Article 67 of the Narcotics Control Act;

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. (300,00 won = 150,000 won per medication x 2); and