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(영문) 인천지방법원 2016.12.23 2016고단7618
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

10,000 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. On September 2016, the Defendant received, without compensation, a penphone contained in vinyl packaging from D at the house located in Yangsan-si C in the Seocho-si on September 1, 2016.

Accordingly, even if the defendant is not a person handling narcotics, he received psychotropic drugs.

2. At around 13:00 on October 25, 2016, the Defendant administered part of the phiphones received from D at D’s house in a single-use injection machine, melting them with water, and then administered them in the Defendant’s arms.

Accordingly, even if the defendant is not a person handling narcotics, he administered psychotropic drugs.

3. On October 27, 2016, the Defendant possessed 0.68g of philophones in front of the F point of the Korea Tti Bank located in Seo-gu Incheon, Seo-gu, Incheon, with approximately 0.68g of philophones located in plastic bags.

Accordingly, even if the defendant is not a person handling narcotics, he carried a psychotropic drug, which is a psychotropic drug.

Summary of Evidence

1. Defendant's legal statement;

1. Photographs of seized articles;

1. Written appraisal of narcotics;

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

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) (Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with Labor) concerning the facts constituting an offense;

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment and the first concurrent crimes [Determination of types] under types 3 (b) and 3 (a) and (c) of the Act on Medication, simple possession, etc. of narcotics] (a scope of recommendations] under the basic area, 10-2 and the second concurrent crimes [a decision of types] under the category 2 (b) and (c) of the Act on Dealing with Narcotics, such as marijuana, trade arrangement, etc. (a decision of types] under the category 2 (a decision of types): Purchase or receipt for medication, simple possession (a recommendation scope) mitigated area, August-1 and June-2.

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