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(영문) 인천지방법원 부천지원 2016.12.16 2016고단2854
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

150,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On August 27, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. in Incheon District Court on August 27, 2015, and completed the execution of the sentence on January 14, 2016.

1. The Defendant who handles phiphones is not a person handling narcotics.

At around 16:00 on September 6, 2016, the Defendant purchased approximately 0.15g of psychotropic drugs from F, i.e., 150,000 won and 100,000 won from E, and purchased approximately 0.15g of psychotropic drugs from F.

B. At around 20:00 on October 19, 2016, the Defendant administered a medication by inserting approximately 0.05 g of phiphone in the Nam-gu Incheon Metropolitan City G parking lot, and attaching a fire to the tobacco to be 0.05 g of phiphones.

2. On October 16, 2016, the Defendant smoked marijuana in a way that smokes by attaching a fire to one marijuana tobacco containing approximately 0.5g, at the Nam-gu G parking lot in Incheon, Nam-gu, Incheon, and smoking by smoking.

Summary of Evidence

1. Defendant's legal statement;

1. The second prosecutor's protocol of interrogation of the accused (including the E's statement part);

1. Responses to each request for appraisal, reports on investigation, and reports on investigation (calculated details of a surcharge);

1. Criminal records, investigation reports (Attachment of criminal records of the same kind of suspect), and application of Acts and subordinate statutes concerning personal confinement;

1. Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2, Article 30 (1) of the Criminal Act, Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., Article 60 (1) 2, Article 4 (1) 1, subparagraph 3 (b) of Article 2 of the Act on the Control of Narcotics, Etc., Article 61 (1) 4 (a) and Article 3 subparagraph 10 (a) of the Act on the Control of Narcotics, Etc., Article 61 (1) 4 of the Narcotics, Etc.

1. Article 35 of the Criminal Act among repeated crimes;

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

1. 10,000 won for purchase and medication of phiphones under the proviso to Article 67 of the Act on the Control of Narcotics, etc.; and

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