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(영문) 인천지방법원 2016.04.28 2016고단579
마약류관리에관한법률위반(향정)
Text

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

50,000 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

On December 18, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act (compact) at the Seoul Southern District Court on December 18, 2014, and completed the execution of the sentence at the original prison on August 4, 2015.

The Defendant, who is not a person dealing with narcotics, is not a person dealing with narcotics, but is not a person dealing with climatic drugs (one philophone, hereinafter referred to as philophone), but received and administered philophones as follows.

1. On August 4, 2015, the Defendant received philophones from D in front of the new wall C, which contains approximately 0.7 grams of philophones from E, in a way of receiving philophones from E free of charge.

2. On November 2015, the Defendant: (a) received a vinyl paper containing approximately 0.35 grams from G, which was parked on the front road of the JM5 passenger car, in a way that flickphones were flicked without compensation, from G in a way that flickphones were sent to G.

3. On January 2016, the Defendant received philophones in the Habtel parking lot at the Habon government-si of Habon, in a way that junculous flusium G containing approximately 0.21g of philophones without compensation.

4. On January 27, 2016, the Defendant administered a penphone with approximately 0.05 grams 0.05 grams in the dwelling of the Defendant (Htel 1001) at the Government of the Gyeonggi-do competition, and in a way of drinking it to coffee.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the protocol concerning the examination of suspect of the police in relation to G, and a report of investigation (a copy of the protocol concerning the examination of suspect of the G prosecutor's office two times);

1. An investigation report (A simple reagents test - training of phiphonephones) by a dial examiner;

1. An explanatory invoice (Attachment of a suspect's investigative report), facsimile transmission data (a written appraisal of the person under his/her command);

1. A protocol of seizure and a list of respective seizure;

1. Previous convictions: Application of Acts and subordinate statutes to refer to inquiries, such as criminal history, investigation reports (verification of repeated crimes), search results of prisoners, and investigation reports (verification of career of suspects A repeated crime and reporting accompanied by sentence of judgment);

1. Article 60 (1) 2 of the Act on the Management of Narcotics, Etc., of which the relevant Article of the Act on Criminal Facts and the Selection of Punishment are applicable.

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