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(영문) 인천지방법원 2019.07.11 2019고단3152
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for four months.

30,000 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

[Criminal Power] On May 11, 2017, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act (driving) at the Daegu District Court, and completed the execution of the said sentence on November 24, 2017.

【Criminal Facts】

1. On November 18, 2018, from around 19:00 to around 20:00 on November 20, 2018, the Defendant administered a phiphone in a way that C put about 0.05g of philopon into a one-time injection machine in the number plate number plate parked in front of the Seo-gu, Daegu-gu, Daegu-gu, and then made C administer the philopon on the left side of the Defendant’s bar.

2. On November 2018, 2018, the Defendant administered phiphonephones by having C put approximately 0.03g of phiphones into a single-use guest room in the Daegu-gu D hotel, Seo-gu, Daegu-gu, and then having C injection into the left part of the Defendant.

3. From around 18:00 on December 4, 2018 to 20:0 on the following day, the Defendant: (a) administered philophones by inserting approximately 0.05g of philophones into a one-time cronon and melting them into the left side of the Defendant’s trade in the number plate parked in the vicinity of Daegu-gu Daegu-dong-dong; and (b) in the volume of a car for a single-time cron, the Defendant administered philophones by having C injection into the left side of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Written appraisal of narcotics;

1. Investigation report (the confirmation of three places for committing a crime under A guidance and the calculation of a surcharge thereon), and monthly trends of narcotics ( March 2019);

1. Previous records: Application of Acts and subordinate statutes concerning criminal records, investigation reports (where a repeated crime is committed against a suspect and the current status of confinement of individuals), judgment A (Tagu method, No. 2017 Godan1091, etc.), and current status of confinement of individuals A;

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, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 67 of the Narcotics Control Act;

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