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(영문) 인천지방법원 2017.05.18 2017고단2470
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for six months.

Seized evidence 3 or 4 shall be confiscated.

20,000 won from the defendant.

Reasons

Punishment of the crime

1. On February 2, 2017, the Defendant 21:00, around the hotel located in the Gangnam-gu Seoul Metropolitan Government Seo-dong, opened a mobile phone hosting-type C through a mobile phone-type mobile phone hosting-type C, which is a mobile phone-type fluorculing type, and 700,000 won in return for the fluorculing-phone, which was contained in a single-use fluorculing machine from the sales book of the mobile phone fluor (hereinafter “culphone”).

2. On March 22, 2017, around 22:30, the Defendant inserted the volume of phiphones into a one-time injection machine at the Defendant’s dwelling located in building D No. 101, Nam-gu, Incheon, Nam-gu, Incheon, in water, and injected into the Defendant’s arms.

3. On March 25, 2017, around 16:00, the Defendant inserted the volume of phiphones into a one-time injection machine at the above Defendant’s residence, melted them with water, and then injected into the Defendant’s arms.

4. On March 25, 2017, at around 16:50, the Defendant concealed approximately 0.58g of philopon, which was located in the office of the F police station strong 3 team office located in Incheon E, into the Defendant’s occupation machine.

Accordingly, even if the Defendant is not a narcotics handler, the Defendant traded, administered, or mephones, which are a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure and each list of seizure;

1. A response to a reply to the assessment of urinal narcotics, each report on March 23, 2017;

1. Application of Acts and subordinate statutes on the prices of narcotics, etc. to an investigation report (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;

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. Three types of crimes (the scope of recommending punishment), medication, simple possession, etc., of the scope of the recommended sentence according to the sentencing guidelines;

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