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(영문) 인천지방법원 부천지원 2016.11.29 2016고단2822
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

The evidence seized shall be confiscated from the accused.

Reasons

Punishment of the crime

The defendant is not a person dealing with narcotics, and the YABA is a psychotropic drug containing Meart Amina.

1. On October 2, 2016, around 18:00, the Defendant received 225,000 won from E in front of Seo-gu Incheon, Seo-gu, Incheon, and sold 5 weeks.

2. At around 23:00 on October 6, 2016, the Defendant administered amba in the dormitory of G company located in the Seo-gu Incheon, Seo-gu, Incheon, with a view to raising the ambaly on a gambling place, and thereafter, in a manner that inhales the smoke by burning the amba, the Defendant administered amba.

3. On October 7, 2016, the Defendant, who is in possession, carried with him a 728 fact at the places indicated in paragraph 2, and on the wallets for storage of a stove in the shape of Gangwon-do.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of police officers regarding E (list 21);

1. A copy of the records (list 12), each appraisal report (list 18,25);

1. Records of seizure and the list of seizure (list 3, 4);

1. Photographs (list 2);

1. Application of Acts and subordinate statutes of subparagraphs 1 through 7 of this Article;

1. Imprisonment with prison labor under Articles 60 (1) 2, 4 (1), and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. for the Prevention of Criminal Crimes and the Selection of Punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics, Etc. and Article 48 (1) 1 of the Criminal Act;

1. proviso to Article 67 of the Act on the Control of Narcotics, etc. for Additional Collection (265,00 won = 225,00 won for purchase under paragraph (1) 225,00 won for sale under paragraph (2));

1. The circumstances favorable to the defendant for sentencing of Article 334(1) of the Criminal Procedure Act (i.e., confession, reflectivity, no record of domestic criminal punishment, and active cooperation in the investigation of accomplices) and circumstances unfavorable to him (i.e., the psychotropic drug in bulk supplied from the psychotropic drug on the upper line, and selling, administering, and carrying them, and selling them to the attitude of staying in the Republic of Korea, etc. (i.e., the nature of the crime is very bad, and it is necessary to strictly punish them as mass crimes).

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