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(영문) 인천지방법원 2016.11.29 2016고단5791
마약류관리에관한법률위반(향정)등
Text

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

10,000 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 Power] On December 26, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on December 26, 2013 and completed the execution of the sentence in the Seoul Southern Prison on October 6, 2014.

"2016 Highest 5791"

1. The Defendant violated the Act on the Control of Narcotics, etc. (flag) was not a person handling narcotics, and thus, did not deal with psychotropic drugs Metephaculty (flaon; hereinafter referred to as philophones), giving and receiving, administering, and possessing philophones.

On August 2016, the Defendant received 0.15 grams from D located in the Southern-gu Incheon Metropolitan City, and received chophones from E by way of receiving approximately 0.15 grams from E.

B. The Defendant around 11:00 on September 3, 2016, at the residence of the Defendant F in the Nam-gu Incheon Metropolitan City, and KRW 1-A on the part of the Defendant for disposable use.

Pursuant to paragraph (1), approximately 0.05g of philophones received, were administered in a way of injecting them with water, melting them with water, and injection into the arms.

C. On September 3, 2016, the Defendant: around 11:35, at the residence of the above Defendant; and KRW 1-A, at the residence of the said Defendant; and at the same time, at two for a single-use injection.

As stated in paragraph (1), approximately 0.05 of the penphones received, which are filled with water, and the Defendant's handphones were possessed by means of inserting them in the hand room.

2. On September 3, 2016, at around 11:10 on September 3, 2016, the Defendant damaged the victim H’s residence located in Nam-gu Incheon Metropolitan City, so that the Defendant destroyed the repair cost equivalent to KRW 170,000 by gathering kimchi fimchis at the front glass of the victim.

The Defendant did not handle marijuana because he is not a person handling narcotics. On September 3, 2016, at around 11:35, the Defendant possessed marijuana by means of inserting approximately 0.94gg of marijuana contained in vinyl bars in the Defendant’s green handets.

Summary of Evidence

1. Defendant's legal statement;

1. For previous records of judgment: Criminal history records, etc. and investigation reports (Attachment to A's judgment and the current status of confinement and confinement of each suspect);

1. H.

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