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(영문) 인천지방법원 2016.08.26 2016고단1079
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The seized Nos. 1 and 2 (C. 1 and 2) shall be confiscated, respectively.

Reasons

Punishment of the crime

On June 26, 2009, the Defendant was sentenced to seven years of imprisonment by the Seoul Central District Court for a violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence on October 25, 2015.

1. On February 2, 2016, the Defendant promised to trade philophones in D and by telephone upon the request of the Defendant to purchase and sell philophones. At around 20:00 on the same day, the Defendant sold philophones in a way that 1,80,000 won is delivered from D and one plastic paper containing 10 grams of philophones, in the vicinity of Gangdong-gu Seoul, Gangdong-gu, Seoul.

2. On February 2, 2016, the Defendant administered philophones by inserting approximately 0.1g of philophones at the home of the Defendant’s office located in 604, a single-use injection machine, melting water into the Defendant’s arms, and injection into the Defendant’s arms.

3. On February 23, 2016, at around 18:00, the Defendant administered chophones by inserting approximately 0.05 grams in a single-use injection machine, melting water into the Defendant’s arms, and injection of chophones into the Defendant’s arms.

4. On February 23, 2016, around 19:45, the Defendant possessed a phiphone by inserting approximately 4.38 grams and approximately 0.75 grams in the Defendant’s rophones, respectively, on the front of H Bank located in Gangdong-gu Seoul Metropolitan Government, in a manner that puts two plastic bags containing approximately 0.75 grams in the Defendant’s rophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning D's statement by the prosecution, and the protocol concerning the examination of suspects by the prosecution against C;

1. Each written appraisal;

1. Protocols of seizure, list of seizure and photograph of seized articles;

1. A investigative report (related to the price for cancer transactions and collection of narcotics);

1. Previous conviction in judgment: Inquiry about criminal history, application of personal identification and current status of confinement Acts and subordinate statutes;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for Criminal Facts and the Selection of Punishment (trade of phiphones, medication, possession of phiphones, and selection of punishment by imprisonment);

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. Matters concerning the management of confiscated narcotics;

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