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(영문) 인천지방법원 2016.08.11 2016고단3541
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, around 14:00 on May 10, 2016, 201: (a) around 14:00, 250,000 won in cash to F before the E Hospital located in Yeongdeungpo-gu Seoul, Seoul; (b) around 16:00, the Defendant was under F’s contact with F while waiting for his/her own house while waiting for his/her phiphonephones; (c) met F before the I Bank located in Seoul Special Metropolitan City, Gwanak-gu, and 0.6g of phiphones.

Accordingly, even if the defendant is not a narcotics handler, he purchased a penphone, which is a local mental medicine.

2. Medication of phiphones.

A. From around 22:00 to around 23:0 on May 10, 2016, the Defendant: (a) potent up two joint toilets located in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, J and 104 in one’s house, potent up two joints of plastics to different directions; and (b) as soon as one of the above strings, 0.3g of the phiphonephones were cut back, and the smoke, which occurred by attaching the buphones, fluened by using the buphones of the other side.

B. From June 5, 2016 to June 6, 2016, the Defendant: (a) opened approximately 0.3 grams from the above one’s house toilets on a gambling place; (b) attached a bubrophone to a bubb; and (c) applied a bubro, making use of plastic as soon as possible.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

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

1. Application of Acts and subordinate statutes to sales books F and the Defendant’s text message pictures, written consents to the gathering of urinals, written reports on the results of preliminary tests for narcotics, and written reports on investigation (calculated and reported as additional collection charges);

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 with labor;

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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