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(영문) 인천지방법원 2016.04.22 2015고단8038
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for not less than eight months.

20,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On January 18, 2013, the Defendant was sentenced to two years and six months of imprisonment with prison labor for a violation of the Narcotics Control Act at the Jung-gu District Court on January 18, 2015, and the execution of the sentence was terminated on January 4, 2015. On November 4, 2015, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Narcotics Control Act at the Chuncheon District Court on November 12, 2015.

Criminal facts

1. On March 2015, the Defendant committed a crime while in March 2015, 2015, put a cattopphone (hereinafter “cathophone”) into a single catter, and divating it into a single c (so called “caton”; hereinafter referred to as “catonphone”) at a guest room located in the south-gu Incheon Metropolitan City main base, south-gu, and then injected into a single caton.

Accordingly, even if the defendant is not a narcotics handler, he provided a penphone, which is a local mental medicine.

2. Around March 2015, the Defendant committed the crime at the end of March 2015 (as between March 27, 2015 and March 30, 2015), put a phiphone into a single-use guest room located in the south-gu Incheon Metropolitan City, Nam-gu, and dilution with water, and then injected into the said C’s arms.

Accordingly, even if the defendant is not a narcotics handler, he provided a penphone, which is a local mental medicine.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Making some statements concerning D in the suspect examination protocol of each prosecution;

1. Statement made by the prosecution against C;

1. Copy of the police statement made to E;

1. A copy of the text message, a copy of the written appraisal, a criminal investigation report (the mobile phone analysis and the suspect’s specific circumstances), and a criminal investigation report (the expression of the text is extracted);

1. A previous conviction: A criminal history inquiry, each judgment, each personal identification, and the current status of acceptance [the defendant denies the crime by asserting that C has not been administered with a penphone, but the aforementioned evidence may be integrated and known in the following circumstances, namely, ① the Defendant’s telephone details, the Defendant’s statement at an investigative agency and the court;

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