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(영문) 인천지방법원 2017.08.04 2017고단3879
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Seized evidence No. 1 shall be confiscated.

20,000 won from the defendant.

Reasons

Punishment of the crime

On May 26, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act in the Incheon District Court on one year and two months, and completed the execution of the sentence on March 14, 2017.

Despite the fact that the Defendant is not a narcotics handler, the Defendant administered and saw the Metepha (the clopon, the copon, the copon, the copon; hereinafter the copon, the copon) as follows.

1. On May 13, 2017, around 14:00, the Defendant put about approximately 0.05g of philopon into a single-time drinking fraud within a passenger car parked near the D church located in Songpa-gu Seoul Metropolitan Government, and administered the vehicle by dilution with water.

2. On May 15, 2017, at around 17:00, the Defendant administered approximately 0.05g oponon in the same manner from 301 Furon E located in Bupyeong-gu Incheon Metropolitan City.

3. On May 15, 2017, at around 23:57, the Defendant inserted the volume of philophones into the instant Fel 301, once, into the luculous fraud, and led the Defendant to the dilution with water ( approximately 0.1ml).

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure and photographs of seized articles (one-time eight times);

1. The scene of the case, photographs of seized articles (at least six times a year), and photographs of the body to administer the suspect;

1. A investigation report (related to the cancer transaction price of narcotics and collection thereof);

1. A written appraisal of each drug;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of the date of release from the court), investigation report (Attachment to a copy of the judgment);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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 main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. Application of the sentencing criteria;

A. The three types of crimes (the scope of recommended punishment), including medication, simple possession, etc. (b) and set forth in sub-paragraphs 1 through 3.

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