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(영문) 인천지방법원 2016.09.30 2016고단5068
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Seized evidence Nos. 1 through 5 (Seoul District Prosecutors' Office August 11, 2016)

Reasons

Punishment of the crime

1. On January 201, 2016, the Defendant: (a) administered phiphones by inserting approximately 0.1g of philophones on the alleyway near D’s alley located in Jinju-si; (b) melting them with water in a single-use injection machine; and (c) melting them into the arms.

2. On February 2, 2016, the Defendant administered philophones by inserting approximately 0.1g philophones into a single-use junopter and melting them into the arms, which were parked in the alley near D’s alley, around 21:00, in the middle of February 2016.

3. On April 2016, the Defendant administered philophones by inserting approximately 0.1g of philophones into a single-use philogram and melting them into the arms, which were parked in the alleyway near D, at around 21:00, the lower court administered philophones in a way of injecting them into the arms.

4. On July 24, 2016, the Defendant administered philophones at the house of E located in Jinju-si on July 24, 2016, using 0.1g of philophones on beer and crophones on beer.

5. On July 27, 2016, at around 15:30, the Defendant received chophones by taking the chophones into consideration the chophones, where approximately KRW 20.11g of chophones are concealed on the road parked prior to D’s “D.”

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of each drug;

1. “Report on detection of exposure to Mept Metea, Pursuant to Chinese annually,” and a response to the results of the analysis of narcotics;

1. Application of Acts and subordinate statutes to investigation reports (report, etc. on the current market price of Meart cancers);

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 Prevention of Criminal Facts and the Selection of Punishment (the administration of phiphonephones, the receipt and delivery of phiphones, and the selection of punishment by 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. Class 2 (b) and item c) of Article 334(1) of the Criminal Procedure Act, basic crimes for sentencing of Article 334(1) of the Provisional Payment Order, including trading, arranging, etc. of narcotics.

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