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(영문) 인천지방법원 부천지원 2016.07.22 2016고단1147

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Trading of philophones, giving or receiving them;

A. On September 2, 2014, at around 03:00, the Defendant sold approximately 2.5 grams to E, a local mental medicine, at the residence of Seo-gu Incheon, Seo-gu, Incheon, and 303, for approximately 1,500,000 won.

B. On November 201, 2014, the Defendant received 0.1g of phiphonephones from E in the residence of the above E at around the middle of the new wall.

(c)

The Defendant delivered approximately 0.1g of philophones in the instant E’s dwelling at the same time as described in the foregoing sub-paragraph (b). Around the same day, the Defendant provided 0.1g of philophones in the instant E’s dwelling.

2. On May 25, 2016, the Defendant administered philophone medication by inserting approximately 0.05 gopon in a single-use injection machine and dilution it into the blood transfusion for the left left side in a way of injecting the two-story accommodation measures of the Defendant’s working company located in Jin-si F at Jin-si, a single-use injection machine.

Summary of Evidence

1. Statement by the defendant in court;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant;

1. Statement by public prosecutor regarding E;

1. Application of the Acts and subordinate statutes requesting appraisal, such as a copy of the required part of the GF account, analysis and reporting of E and A currency records, confirmation certificate of inspection of uriine simple reagents, report on the results of preliminary experiments on narcotics, investigation report (determination of phiphone market price and surcharge), application of the Act and subordinate statutes

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. The reason for sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc., sold a penphone and administered it in 193, even though the defendant was sentenced to a suspended sentence for violating the marith Control Act in 193;

However, while the defendant reflects his mistake, he does not administer philophones again.