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(영문) 인천지방법원 2016.08.11 2016고단3254
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

20,000 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

[criminal history] The Defendant was sentenced to one year to imprisonment with labor for a violation of the Narcotics Control Act at the Incheon District Court on March 25, 2015 and completed the execution of the sentence in the Southern Prison on December 4, 2015.

[2] The Defendant, who is not a person handling narcotics, is not a person handling narcotics, is not a person handling narcotics, and is not a person handling narcotics, but dealing with mephones (i.e., one philophones; hereinafter referred to as philophones), but sold, received, and administered philophones as follows.

1. On February 2016, 2016, the Defendant: (a) at the guest room in the Mad “D” Madern Madern Madern Maddong Madon Madon Madon Madon Madon Madon Madon Madon Madon Madon Madon Madon; (b) around that time, melted the birth water into a single-use injection machine; and (c) injected

Accordingly, the Defendant received and administered philophones.

2. On February 2, 2016, the Defendant purchased philophonephones in the mutual influorial cafeteria, which contained approximately 0.5g of philophones in a single-use cafeteria from E, and 300,000 won.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect concerning F by the prosecution;

1. Copy of the statement protocol made to E;

1. Each protocol of seizure, one copy of a response to a request for appraisal (refluent-Training) and three copies of the details of transactions with the suspect bank in the name of the suspect;

1. A report on investigation (related to the price of cancer transactions for narcotics and collection thereof), April 2016;

1. Previous convictions in the judgment: Inquiry about criminal history, the number and confinement status of pit / Expropriation status, and the text of the judgment (2014 highest order 9383) in addition to the application of 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. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is 1.

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