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(영문) 인천지방법원 2016.09.09 2016고단1958
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

837,500 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 August 14, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act by this court, and completed the execution of punishment on February 11, 2015.

1. On May 7, 2015, the Defendant: (a) delivered mert camphophones (one name “copon”; hereinafter “copon”); and (b) delivered copons to D on May 7, 2015, on the first floor below the singular phone located in Seocheon-si, Seocheon-si; (c) injectedd D with approximately 0.175 gopons without compensation; and (d) inserted water into a single copon which contains approximately 0.035 gopons, into the Defendant’s arms.

Accordingly, even if the defendant is not a narcotics handler, he received and administered philophones.

2. On May 10, 2015, around May 10, 2015, the Defendant: (a) received a request from D to request the purchase and sale of phiphones from the Felel located near the Seoul Guro-gu Seoul Metropolitan Government, to seek phiphones; (b) received a request from D to request to seek phiphones; (c) received 300,000 won of phiphones from a person whose name is unknown; and (d) sent approximately one gram of phiphones to D.

Accordingly, even though the defendant is not a narcotics handler, the defendant assisted the trade of philophones.

3. On April 2, 2016, the Defendant: (a) inserted approximately 0.05 grams into a one-time injection machine at the Hel room located in Seocheon-si G in Seocheon-si on April 2, 2016; and (b) injected into the Defendant’s arms.

Accordingly, even though the defendant is not a narcotics handler, he administered philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. A written appraisal of each drug;

1. A criminal investigation report (related to the calculation of an additional collection charge);

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries about criminal history, copies of written judgments and personal confinement status;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Selection and Management of Narcotics, Etc. for Criminal Facts (the point of arranging the trade of phiphones, giving or receiving, and administering them);

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

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.

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