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(영문) 인천지방법원 2017.05.19 2017고단826
마약류관리에관한법률위반(향정)
Text

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

500,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional charges.

Reasons

Punishment of the crime

On February 19, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) in the Incheon District Court’s Vice-Support on February 19, 2013, and completed the execution of the sentence at the Incheon Detention Center on August 21, 2013.

The Defendant, who is not a person dealing with narcotics, did not deal with the clophophones (one philopphone, hereinafter “philopphones”), but sold, provided, and administered copphones as follows.

1. On May 24, 2016, the Defendant transferred KRW 500,000 as the purchase price for phiphones to the Agricultural Cooperative Account (D) in the name of C at around 21:09, and purchased phiphones by means of receiving approximately two gramphones sent from the E Apartment 115 Dong Guard at around 26:00 of the same month, E apartment at around 22:00 of the same month.

2. On May 26, 2016, around 23:30 on May 26, 2016, the Defendant provided a philopon by putting approximately 0.4gg of the philopon purchased, such as paragraph 1, into a one-time injection machine, to H.

3. On May 26, 2016, at around 23:50, the Defendant administered phiphones by inserting approximately 0.1g of philophones in the toilet at the Defendant’s residence of the foregoing E Apartment No. 115, 1811, and melting them with water, and administering them for the following arms.

4. On May 27, 2016, at around 04:00, the Defendant administered approximately 0.1g of philophones in the toilet at the above Defendant’s residence, and in the same manner as in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police suspect with respect to C or H;

1. Details related to the suspect stored in C's mobile phone (each photograph and net 2);

1. A statement on narcotics (the 11,161 pages each time);

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

1. Previous convictions in the judgment: Investigation report (13 times a year), personal confinement status, and application of each of the court rulings (15 times a year);

1. Article 60(1)2, Article 4(1)1, and subparagraph 3(b) (i) of Article 2 of the Act on the Management of Narcotics, Etc. for Criminal Facts and the Selection of Sentence 30, Article 60(1)2, Article 4(1)1, and Article 2 subparag. 3(b) of the same Act for the purpose of crime

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