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(영문) 인천지방법원 부천지원 2018.05.25 2018고단970
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

2,300,000 won shall be additionally collected from the defendant.

The above additional charges are imposed on the defendant.

Reasons

Punishment of the crime

Defendant is not a narcotics handler.

1. Around February 9, 2013, the Defendant purchased penphones by receiving approximately one million won from F in front of a gas station located in the Nam-gu Incheon Metropolitan City, Nam-gu E, and from F, a local mental medicine, which is a part-time injection device (one-time philopon; hereinafter referred to as “philopon”).

2. On February 19, 2013, the Defendant purchased philophones from the front side of H pharmacy G in Bupyeong-gu Incheon Metropolitan City, by delivery of approximately 0.8g of philophones contained in F in a one-time injection machine.

3. On February 21, 2013, the Defendant: (a) purchased 300,000 won on the alleyway near D located in Namdong-gu Incheon Metropolitan City, with delivery of approximately 0.3g of philophones contained in F in a disposable injection machine.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the decisions relating to I and F for References);

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

1. The sentencing conditions shown in the records and arguments of this case, such as the defendant's age, sex, circumstances of the crime, method and frequency of the crime, and circumstances favorable to the defendant in the sentencing of Article 334 (1) of the Criminal Procedure Act (the fact that the defendant has been recognized to commit each of the crimes of this case late at the latest), unfavorable circumstances (the fact that the defendant escaped while the investigation was in progress, his attitude was very poor in the investigation agency, and the defendant has a record of criminal punishment several times including the criminal record before the suspension of execution, and there was a record of punishment as a crime of the Narcotics Control Act).

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