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(영문) 인천지방법원 부천지원 2019.02.01 2018고단708 (1)
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

10,000 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

On March 11, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. in the Daegu District Court on March 11, 2016, and completed the execution of the sentence in the Ansan Prison on May 7, 2017.

Defendant is not a narcotics handler.

On July 23, 2017, the Defendant: (a) stored water in a single-use injection instrument containing approximately 0.03g of psychotropic drugs, and administered phiphones in the right arms and in a way of dilution to the right arms. (b) On July 23, 2017, the Defendant administered phiphones by inserting water into a single-use injection instrument containing approximately 0.03g of psychotropic drugs.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Records of seizure and the list of seizure;

1. The report on the results of simplified reagents inspection, the report on narcotics appraisal, and the report on narcotics appraisal;

1. Voluntary report, voluntary movement, voluntary submission, waiver of ownership, certificate of seizure, and written consent;

1. Reports of internal investigation (Perusal of the detailed statement of processing reports of 112 cases), reports of internal investigation (the details of the statement made by police officers in the first dispatch), reports of internal investigation ( telephone conversations between reported persons and telephone conversations between reported persons), reports of internal investigation and investigation (Refusal of extraction), reports of investigation and verification, reports of investigation and investigation (calculated of the grounds for application for a warrant of search and inspection), and reports of internal investigation

1. Previous conviction: The defendant and his defense counsel held that the criminal defendant's assertion regarding criminal records is inadmissible as evidence collected in an unlawful manner, since the defendant forced the defendant at the time of his/her compulsory administration, i.e., illegal arrest, and inspected the urine and the urine.

Comprehensively taking account of the following facts and circumstances acknowledged in accordance with the evidence duly adopted and investigated by this Court, the Defendant is acknowledged to have voluntarily submitted his hair and urine according to his voluntary intent and voluntarily submitted his hair and urine according to his voluntary intention and judgment.

(1) The Defendant on July 23, 2017.

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