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(영문) 인천지방법원 부천지원 2016.03.23 2016고단4
마약류관리에관한법률위반(향정)
Text

Defendant 2 months of imprisonment with prison labor for the crime No. 4 of the upper end of 2016 and the crime No. 2 of the second end of 2016.

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to imprisonment for one year and three months for a violation of the Narcotics Control Act in the Support for the Magwon of Sugwon method, on November 19, 2014, and the judgment became final and conclusive on May 23, 2014, and completed the execution of the sentence on January 13, 2015.

[2016 order 4]

1. On October 2013, the Defendant received approximately 0.03 grams from D, Mepters (one philopon; hereinafter “philopon”), a local mental medicine, at the street near the circular road located in Guro-gu Seoul Metropolitan Government, and received approximately 0.03 grams from D without compensation.

2. On December 18, 2015, at around 19:00, the Defendant administered approximately 0.03 grams in the Defendant’s residence located in Guro-gu Seoul, Guro-gu, Seoul, by dilution them into coffee, within the Defendant’s residence.

[2016 Highest 308] The Defendant is not a narcotics handler.

On August 2015, the Defendant administered approximately 0.03g of philophonephones at the house inside the residence of Bupyeong-gu Incheon Metropolitan City Bupyeong-gu G Housing No. 301, which was 10:00 on the date of August 2015.

Summary of Evidence

[2016 order 4]

1. Statement by the defendant in court;

1. To describe the statement on narcotics appraisal;

1. Previous convictions in the judgment: Each entry (A), personal identification and acceptance status, investigation report (report attached to the judgment), such as criminal history, etc.;

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes written in response to appraisal;

1. Relevant legal provisions and Articles 60(1)2, 4(1), and 2 subparag. 3(b) of the Act on the Management of Narcotics, Etc., for the Prevention of Criminal Facts, and Selection of Imprisonment with prison labor for each of the following:

1. Article 35 of the Criminal Act for an aggravated repeated crime (as to the violation of the Act on the Control of Narcotics, Etc., 2016 high group 308 high group 3016 high group 4 and 2016 high group 308);

1. Subsequent to Article 37 of the Criminal Act concerning the treatment of concurrent crimes: Provided, That Article 39 (1) [limited to the crimes of Article 39 (1) [limited to the crimes of Violation of the Act on the Control of Narcotics, Etc., listed in paragraph (1) of the Highest April 2016 and the crimes of the same kind as

1. The former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act [the former part of Article 37, Article 38(1)2, and Article 50 of the same Act [the former part of Article 2016, proviso of

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