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(영문) 인천지방법원 2018.05.17 2018고단1521
마약류관리에관한법률위반(향정)
Text

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

Seized evidence 1, 2, and 5 (excluding the portion of appraisal and consumption) shall be confiscated.

Reasons

Punishment of the crime

[criminal records] On May 12, 2016, the Defendant was sentenced to ten months in imprisonment with labor for a violation of the Narcotics Control Act at the Seoul Central District Court on May 12, 2016, and two months in imprisonment with labor for a violation of the Narcotics Control Act at the Seoul Central District Court on November 3, 2016 and completed the execution of each of the above punishment on March 11, 2017.

[criminal history] Even if the Defendant is not a narcotics handler, he handled the Mepter (one philopon; hereinafter “philopon”) which is a local mental medicine as follows.

1. On January 5, 2018, around January 5, 2018, the Defendant administered phiphones by inserting approximately 0.03g to 0.05g of 0.05g of philopon into a single-use injection machine within the siren car operated by the Defendant, who parked in the near the subway D Station located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, for a single-use injection, and dives into the arms.

2. On January 20, 2018, around January 20, 2018, the Defendant administered approximately 0.03g or 0.05g of philophones at the toilet located in the Jung-gu Seoul Central District, Jung-gu, Seoul around January 20, 2018 in the same manner as described in paragraph (1).

3. On February 20, 2018, around February 20, 2018, the Defendant administered 0.03g to 0.05g g of philopon within the siren car operated by the Defendant, who parked in the French-gu Seoul Jungdong (hereinafter referred to as the “Francon”) around the same manner as described in paragraph (1).

4. On February 22, 2018, the Defendant: (a) around February 22, 2018, entered approximately 0.73g of philopon in front of the Seoul Jung-gu E-ro, Seoul, into two philopon for a single-time use; and (b) carried a philopon by putting it in a bank held by him/her.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure and each list of seizure;

1. Results of inquiries into each narcotics appraisal report, each gene appraisal report, and DNA personal information of detained suspects;

1. A report on investigation (calculated additional collection charges);

1. Photographss, photographs of seized articles (certificate 1 - No. 6), suspect A vehicle, and search photographs of places of residence, which are articles left behind;

1. Previous convictions: A) a response to inquiries, such as criminal history, and a report (A) an investigation, during the period of repeated crimes of suspects.

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