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(영문) 인천지방법원 2016.08.26 2016고단3951
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

850,000 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 June 13, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul Central District Court on the following grounds: (a) on March 5, 2014, and completed the execution of the sentence.

1. Sale and purchase of phiphones;

A. On June 17, 2014, the Defendant remitted KRW 100,000 as the purchase price for phiphones to the Agricultural Cooperative Account (D) in the name of C, and purchased phiphones in the “F” room located in Gwanak-gu in Seoul Special Metropolitan City on the 18th day of the same month, using approximately 0.1g of phiphones contained in C from a single-use injection machine.

B. On July 12, 2014, the Defendant issued KRW 250,00 to C and purchased 0.2 gramphones contained in the one-time injection machine at the night room of “F”.

(c)

On September 7, 2014, the Defendant purchased 0.2 gramphonephones contained in a single-use injection machine from C, and on September 10, 2014, from a new wall G restaurant located in Yeongdeungpo-gu Seoul Special Metropolitan City, the Defendant purchased rophones by delivering 300,000 won to C.

2. Medication of phiphones.

A. On June 21, 2016, the Defendant: (a) parked in the “I” Mobel parking lot located in the Gwanak-gu Seoul Special Metropolitan City, the Defendant administered a phiphone in the manner of inserting approximately 0.05g of the Defendant’s Jpopon on the part of the Defendant’s JW car; and (b) melting the biophone into the Defendant’s arms.

B. On June 21, 2016, the Defendant administered philophones by inserting approximately 0.05 grams in the “I” Ma located in Gwanak-gu in Seoul Special Metropolitan City at night, and 0.05g philophones in the single-use injection machine at the Defendant’s arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by each prosecutor with respect to C;

1. Data on the details of transactions in agricultural cooperatives and new bank accounts, and on the analysis of currencies;

1. A statement on narcotics appraisal;

1. Report on investigation (report on the calculation of an additional collection charge);

1. Previous conviction in judgment: Application of Acts and subordinate statutes concerning criminal history inquiry, sentence, identification of each individual and status of confinement;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;

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