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(영문) 인천지방법원 2016.02.16 2016고단255
마약류관리에관한법률위반(향정)
Text

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

Seized evidence Nos. 1 and 2 shall be confiscated from the accused.

Reasons

Punishment of the crime

1. On September 9, 2015, the Defendant committed the crime of September 2015, 2015: (a) from C’s EM (M) 7 car parked on the street located in Yangju-si, Yangju-si, the Defendant was placed on a free 0.1g of approximately 0.1g of the mert cloids (one name “copon”; hereinafter “copon”).

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

2. From October 2015, the Defendant committed the crime at the end of the end of October 2015, the Defendant injected approximately 0.03g of the penphones received from the EPC toilets located in Bupyeong-gu Incheon Metropolitan City, as described in paragraph 1, into a single-use injection machine, and injected them into the Defendant’s arms by dilution with water.

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

3. On December 27, 2015, the Defendant committed a crime on December 27, 2015, inserted approximately 0.03g of phiphones received from EPC toilets listed in paragraph 2 at around 22:00, as described in paragraph 1, into a disposable injection machine, and injected them into the Defendant’s arms.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning partial examination of suspect with regard to C;

1. Investigative data (A or C mobile telephone call details);

1. Application of Acts and subordinate statutes on narcotics appraisal;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., for the sake of facts constituting an offense, and Articles 60 (1) 3, and 4 (1) 3 (b) of the same Act, applicable to the choice of

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. A second-class crime that has no basic area (10 to 2 years) (10 to 2 years) (the scope of the recommended punishment) for the reasons of sentencing under the proviso of Article 67 of the Act on the Control of Narcotics, Etc. (the scope of the recommended punishment) for the purpose of sentencing, such as medication, simple possession, etc.

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