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(영문) 인천지방법원 2019.05.16 2019고단1139
마약류관리에관한법률위반(향정)
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A person shall be punished by imprisonment with prison labor for four months with prison labor for the crime of No. 2 in the judgment of the defendant.

Reasons

Punishment of the crime

[Criminal Power] On May 4, 2018, the Defendant was sentenced to a suspended sentence of two years in October due to a violation of the Act on the Control of Narcotics, etc. at the Incheon District Court on May 4, 2018 and the said judgment became final and conclusive on May 12, 2018.

【Criminal Facts】

1. From May 9, 2018 to May 18, 2018, the Defendant administered a psychotropic drug dose in the Incheon or Jeonju City, in an irregular manner, among the psychotropic drugs.

2. From February 11, 2019 to February 20, 2019, the Defendant administered philophones in an irregular manner between Incheon or South Won-si.

Accordingly, even if the defendant is not a person handling narcotics, he administered psychotropic drugs.

Summary of Evidence

1. Partial statement of the defendant;

1. Each narcotics appraisal report and reply to requests for appraisal;

1. Records of seizure and the list of seizure;

1. Report on each investigation (the period during which scopphone ingredients may be detected from the scopphones and the calculation of additional collection charges), and monthly trends of narcotics ( December 2018);

1. Data on the cell phone calls and replies of the suspect;

1. Each photograph;

1. Previous convictions: Criminal history records, reference reports (A), investigation reports (Attachment of criminal records of a suspect) and the defendant and defense counsel asserts that other drugs are stored in vinyl packaging in which phiphones have been kept, and that philophones are put into the body by the wind to administer them.

However, according to the evidence adopted and examined by this court, the defendant was indicted for committing the crime of delivering 0.2 g of philophones contained in vinyl B from October 23, 2017 to October 25, 2017, and committing the crime of selling the remaining philophones in three installments from October 23, 2017 to October 25, 2017.

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