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(영문) 인천지방법원 2016.11.23 2016고단6968
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

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

1. On April 6, 2016, the Defendant: (a) received philophones in the form of a single chophone, which contained approximately 0.05g gramphones from D, within a U.S. passenger car parked in “C” hotel located in “C” hotel located in the Nam-gu Incheon Metropolitan City, Nam-gu.

2. On April 6, 2016, the Defendant administered a phiphone in the way of inserting a water into a single-use injection machine containing approximately 0.05g of a dialphone, which was 0.05g of a new wall, in the Southern-gu Incheon Metropolitan City, and then melting a phiphone into the arms.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports (verification of the market price of mert cancer and calculation of additional collection charges);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) (Article 2 subparagraph 3 (b) of the Act on the Management of Narcotics, Etc. and Selection of Imprisonment with Labor) concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. For the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, types 3 (limited to the determination of types of punishment), the medication, simple possession, etc. of narcotics (limited to the cases of a special person) [limited to a suspended sentence for not more than 3 years] of the same criminal record (limited to a suspended sentence for not more than 3 years), the aggravated area / [the scope of a recommended sentence] of the same criminal record (limited to a suspended sentence for 1 to 3 years), the crimes of concurrent crimes for 1 to 3 years [the determination of types of punishment] of types 2 (mariju, b. b. (c) and (c)), the purchase or increase of the sentence for medication and simple possession: The mitigated area of the punishment for the same criminal record (limited to a suspended sentence for 3 years) [the scope of a recommended sentence] of the punishment for the same crime (limited to a suspended sentence for 8 to 1 and 3 years: the result of the aggravated sentence for the defendant committed during the suspended sentence for a crime related to narcotics on three occasions;

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