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(영문) 인천지방법원 2019.11.26 2019고합515

특정범죄가중처벌등에관한법률위반(향정)등

Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

Seized white paper 1 paper (No. 6).

Reasons

Punishment of the crime

1. Defendant A

A. A. From June 15, 2019, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes ( native) on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment, etc.”) around 10:30 on June 15, 2019, on the second floor from 10:30 on the 2nd floor of “Mai-si Matoir” to B, which is equivalent to the psychotropic drugs worth KRW 5,856,000 at the market price (hereinafter “Matolopon

(2) The Defendant, in violation of the Act on the Control of Narcotics, etc. (flaps) administered philophones in a way of inserting them into a pipe and inhaleing them into cocons, at the same time and place as above, and in a manner of injecting them the smoke generated by heating the philophones into a pipe.

B. Around July 5, 2019, around July 5, 2019, the Defendant kept F-Public Hostel G, the Defendant’s residence in Dongdaemun-gu Seoul, Seoul, and 1.12g of phiphones and 3.8g of marijuana 1.8g in a travel room, respectively.

2. Defendant B

A. At around 10:30 on June 15, 2019, the Defendant received approximately KRW 5,856,000 philopon equivalent to the market price of KRW 5,856,00 from A from the above 2nd floor D around 10:30,00, and received philopon.

B. Around 15:00 on June 15, 2019, the Defendant, in violation of the Act on the Control of Narcotics, Etc. (flag) administered I apartment J-ho, a residence of the Defendant in Nam-gu Incheon Metropolitan City, in a manner of inserting the non-opopopopopopopopopopopopopopopopopopopopopopopopopic into a pipe and inhaleing them into coaches and in the air.

Summary of Evidence

1. Defendants’ respective legal statements

1. The legal statement of the witness B (limited to the defendant A);

1. The suspect interrogation protocol of Defendant B by the prosecution;

1. Partial statement of the suspect interrogation protocol of Defendant A by the prosecution;

1. Each protocol of seizure and the list of seizure;

1. Written appraisal of narcotics;

1. Each gene appraisal report;

1. In the application of Acts and subordinate statutes to investigation reports (in the case of philophone training reaction and total weight), investigation reports (in the case of search and seizure of suspect A's residence), investigation reports (in the case of penphonephones of seized objects, and reaction to the training of marijuana), investigation reports (in the case of calculation of additional collection charges);

1. Criminal facts;