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(영문) 인천지방법원 부천지원 2016.05.26 2016고단221
마약류관리에관한법률위반(향정)등
Text

A defendant shall be punished by imprisonment for one year.

10,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection.

Reasons

Punishment of the crime

[criminal history] On January 30, 2015, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (compact) at the Suwon Franchis Institute on January 30, 2015, and completed the execution of the sentence on January 9, 2016.

[Criminal facts]

1. The Defendant is not a narcotics handler.

The Defendant, at around 01:00 on January 15, 2016, within the “DPC room” located in Seocheon-gu, Seocheon-si C, and 501, the Defendant is a Meppacule (one philopon; hereinafter referred to as “philopon”).

After dilution with a single-use divers containing a diversing volume, it was administered in such a way as to injecting into the left blood divers.

2. On January 15, 2016, around 11:43, the Defendant: (a) discovered Fone Starex vehicles owned by the victim E who temporarily stops in the same place with a view to 90-dong-dong-si, Seocheon-si, Seocheon-si; (b) and (c) cut off any gap in the surrounding surveillance.

3. On January 15, 2016, the Defendant violated the Road Traffic Act: (a) around 11:43, the Defendant driven the said Fone Starting Vehicle under the condition that it is unlikely to drive normally by administering a phiphone, as described in paragraph (1), while driving the said Fone Starting Vehicle under the condition that it is unlikely to drive normally by administering the phiphones, such as the 1.2km section at around 11:47 of the same day from the day around the Dong-si, Seocheon-si, Seocheon-gu, Seoul and the Meging Road at around 11:47 of the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police for E;

1. Photographss, such as damaged articles, photographs of damaged vehicles, photographs of damaged vehicles, pictures of studos of damaged vehicles, results of urinal appraisal, investigation report (report on the market price of narcotics, such as merpters, etc.) at the place of arrest of the victim;

1. Previous convictions: Investigative inquiries about criminal history and investigation reports (Attachment to the same type of crime) (1) The defendant and his/her defense counsel are directly related to the investigative agency with respect to the medication of phiphones (Article 1).

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