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(영문) 인천지방법원 2017.11.16 2017고단7441
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

430,000 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

1. On March 9, 2017, the Defendant: (a) transferred 330,000 won to an enterprise bank account (Account Number G) in the name of F used by the Defendant in the name of the Saemaul Treasury (Account Number D) in the name of the Defendant on March 9, 2017; and (b) received c.30,000 won from J, which he/she became aware of with E’s introduction in a vehicle located near the Nam-gu Incheon Metropolitan City H around 22:30 of the same day; and (c) received part of the c.on the same day, he/she purchased from the Defendant’s residence in the name of Bupyeong-gu Incheon Metropolitan City, Incheon, and 23:10 of the same day, e.g., e., d., e., e., e., e., e., e., e., e., e., c.

2. On March 11, 2017, the Defendant: (a) purchased and administered phiphones; and (b) 100,000 won in consideration of the fact that the Defendant saw approximately 0.2 gram of phiphones, which were entered in the part of the passenger convenience store in the south-gu Incheon Metropolitan City from J, around the new wall; and (c) drank approximately 0.2 gram of phiphones purchased at the above Defendant’s dwelling around the new wall, around the same day.

Accordingly, even if the Defendant is not a narcotics handler, he purchased and administered philophones, a local mental medicine, twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Copy of the police interrogation protocol regarding E;

1. Statement made by the police to J;

1. A protocol of seizure and a list of seizure;

1. A report on the state against the defense of the person under consideration, and an appraisal report on the original narcotics;

1. A report on the origin of a person under surveillance and an appraisal report on the original narcotics;

1. Application of each investigation report and transaction-related Acts and subordinate statutes;

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The proviso to Article 67 of the Narcotics Control Act;

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the order of provisional payment.

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