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(영문) 인천지방법원 2019.11.22 2019고단7425
마약류관리에관한법률위반(향정)
Text

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

Seized evidence No. 1 shall be confiscated.

300,000 won from the defendant.

Reasons

Punishment of the crime

On April 20, 2018, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on April 20, 2018, and completed the execution of the sentence in the military prison on January 14, 2019.

The defendant is not a person handling narcotics.

1. On October 18, 2019, the Defendant purchased camphones (i.e., one philopon; hereinafter “philopon”) with delivery of KRW 300,000 to C on the street in the vicinity of the Seo-gu Incheon Seo-gu B department store and with approximately 0.4g of psychotropic drugs.

2. Medication of phiphones.

A. On October 18, 2019, the Defendant, at around 21:00 on October 21, 2019, administered one-time medication among phiphones purchased, as described in paragraph (1) in Michuhol-gu Incheon, Michuhol-gu, Incheon, by inserting them into a single-use injection machine, and dilution them with water, and by placing them into his/her her her sculp bloodline.

B. At around 22:00 on October 19, 2019, the Defendant, as described in paragraph (1) of the said DMocom E, injected once a part of the phiphonephones purchased with water into a single-use injection machine, and dilution with water to put the part of the me into the meconssis.

C. At around October 20, 2019, the Defendant, at around 18:30 on October 20, 2019, injected one-time medication among phiphones purchased, as described in paragraph (1), by inserting them into a single-use injection machine, and dilution them with water, with the injection into his/her her surbrop blood.

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, records of seizure, lists of seizure and photographs of seized articles;

1. Each written request for appraisal;

1. Investigation report (calculated of the amount additionally collected);

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (verification of repeated crimes, etc.), judgment, and application of Acts and subordinate statutes on the current status of confinement of individuals;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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

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

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