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(영문) 인천지방법원 2020.01.09 2019고단1490
마약류관리에관한법률위반(향정)등
Text

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

30,000 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

[criminal record] On October 5, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (fence) at the Sungnam Branch of Suwon District Court on the grounds of the violation of the Act on the Control of Narcotics, etc., and completed the execution of the said punishment on August 30, 2017.

【Criminal Facts】

The defendant is not a person handling narcotics.

The Defendant, along with B, decided to administer a psychotropic drug - psychotropic - related - - Mepopic - (one - one - another - one - another - one - another - one - one - another - one - one - one - one - one - one - one - another - one - one - one - another - one - one - one - one - another - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - one - another

Accordingly, the Defendant, in collusion with B, administered philophones even though it is not a person handling narcotics.

around 09:00 on Nov. 5, 2018, the Defendant received approximately 0.05 g of philopon from G on the street near the F Hospital located in the Nam-gu Incheon Metropolitan City, Nam-gu, Seoul, for free.

Summary of Evidence

1. Previous convictions as indicated in the judgment: Criminal history records, inquiry reports (A), investigation reports (Attachment to the status of repeated crimes against A and acceptances by individuals), A's judgments (sex support, 2016Gadan595), and current status of acceptances by individuals A "2019 Highest 1490";

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Partial statement of the witness B;

1. Each protocol of seizure and each list of seizures (Nos. 6, 7, 27 through 30);

1. Response to requests for appraisal (A solicitation - Training);

1. Each investigation report (with respect to philophone medication photographs, cards used by witnesses B, etc., appending photographs of injection traces, verification of the results of handling 112 reported cases, the date and place of the crime, B on-site presence of witnesses B, replys to appraisal of B Madon of the suspect, and calculation of additional charges);

1. The Defendant asserts that the monthly trend of narcotics, etc. ( November 2018), together with B, had no fact of administering phiphones at the time and place indicated in the judgment.

However, B is the case.

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