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(영문) 인천지방법원 2017.05.18 2016고단7824
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

50,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[Presumption of Facts] The Defendant, who is not a person handling narcotics, was not a person handling narcotics, was prohibited from dealing with the clophophones (one philophone, hereinafter “philophones”), which is a local mental medicine, and sold, received, and administered philophones as follows.

[Criminal facts]

1. On November 2015, the Defendant sold phiphonephones in the front of the hotel “AK” located in the Gangnam-gu Seoul AJ in Gangnam-gu, and selling 1g of phiphonephones in the way of sending 300,000 won to AL, which are contained in two disposable folders located in a vinyl paper.

2. On April 2016, the Defendant: (a) parked on the AM driver’s car parked in front of a restaurant as a mutual influorial article located in the Jung-gu Seoul, Jung-gu; (b) laid off from AM to 0.05g of philopon contained in a disposable injection machine; and (c) received the philopon from AM in a way of drying it to N.N. on the spot.

3. On April 2016, the Defendant administered phiphones by inserting three gramphones at AP hotel rooms located in Seongdong-gu Seoul (AP hotel in Seongdong-gu Seoul) together with AM andN in three gramphones with 0.05 gramphones, melting them into water in any of the following arms:

Summary of Evidence

1. The defendant's legal statement (as at the sixth public trial date);

1. Each legal statement of witness, N, AL, and Q;

1. Analysis of monetary details and attachment of monetary details;

1. A list of seizure (Evidence Nos. 1 and 2), a seizure report (Evidence No. 3 and 4), narcotics appraisal report, and a reply to a request for appraisal;

1. Application of the Acts and subordinate statutes for investigation reporting;

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. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. One crime (the scope of recommended sentences), sale, brokerage, etc. according to the sentencing criteria;

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