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(영문) 인천지방법원 2015.11.05 2015고단3457
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

Seized evidence shall be confiscated from the accused.

Reasons

Punishment of the crime

[Criminal Power] On February 15, 2013, the Defendant was sentenced to one year of imprisonment with labor for the crime of narcotics control rate at the Incheon District Court on February 15, 2013, and completed the enforcement of the sentence at the Incheon Detention Center on January 7, 2014.

【Criminal Facts】

1. The Defendant, from May 20, 2015 to May 23:00 on the first day, 22:00 on the first day to May 23:00 of the same day, 30,000 won in cash to a person who was unable to receive a name (E) in the vicinity of the Incheon Nam-gu D, Nam-gu, Incheon, and received a vinyl 0.2 g of the penphone from the person who was not his/her name.

Accordingly, even if the Defendant is not a narcotics handler, the Defendant traded psychotropic drugs.

2. At around June 24:00 on June 8, 2015, the Defendant injected the Defendant’s arms into the Defendant’s arms after inserting approximately 0.05g of philopon from the Defendant’s car parked on G street located in the Namdong-gu Incheon Metropolitan City for one-time injection with approximately 0.05g of philopon.

Accordingly, the Defendant administered psychotropic drugs, even though he is not a narcotics handler.

3. On June 9, 2015, at around 17:46, the Defendant had three disposable injection equipment containing 0.04g, 0.05g, and 0.06g, respectively, from the Defendant’s house located in the Nam-gu Incheon Metropolitan City H apartment 112 Dong 701.

Accordingly, even if the Defendant is not a narcotics handler, he possessed a psychotropic-related psychotropic phone.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement made to I;

1. Records of seizure and the list of seizure;

1. Photographs of seized articles;

1. Each request for appraisal, reply and written appraisal;

1. Previous records: Application of Acts and subordinate statutes on criminal records, investigation reports, personal identification and confinement status;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 of Article 2 of the Act on the Management of Narcotics, Etc., for which relevant criminal facts and the choice of punishment are applicable;

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