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(영문) 인천지방법원 2016.04.29 2016고단461
마약류관리에관한법률위반(향정)
Text

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

400,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

On June 26, 2014, the Defendant was sentenced to imprisonment with prison labor for a violation of the Narcotics Control Act at the Seoul Central District Court on one year, and completed the execution of the sentence on May 11, 2015.

1. Receipt and delivery of Metracules (one philopon; hereinafter referred to as “philopon”);

A. On December 2, 2015, the Defendant committed the crime, around December 2, 2015, received, without compensation, approximately 0.06 grams from M in front of the residence of M in Nam-gu Incheon Metropolitan City, for a single-use c.

Accordingly, even if the Defendant is not a narcotics handler, he received philophones, which are a local mental medicine.

B. On January 6, 2016, around January 6, 2016, the Defendant: (a) laid down a 0.03gopon, which entered O in front of the place of residence of theO located in Yeonsu-gu Incheon Metropolitan City N apartment No. 106 Dong 1113, from the street room to the O; (b) 0.03gopon.

Accordingly, even if the Defendant is not a narcotics handler, he received philophones, which are a local mental medicine.

2. The Defendant, from January 10, 2016 to around the 15th day of the same month, diced with approximately 0.03 galopon from the public toilets in the Qu market in the Nam-gu Incheon Metropolitan City P on a coffee.

Accordingly, even if the Defendant is not a narcotics handler, he administered a philophone, which is a local mental medicine.

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of the protocol concerning the examination of suspect to the prosecution against theO;

1. A letter of narcotics appraisal and the result of climatic appraisal;

1. Currency details (267 pages of investigation records);

1. Previous convictions in judgment: Application of Acts and subordinate statutes of inquiry into criminal history, text of judgment, investigation report (the 387th page of investigation records);

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for the Fact-finding and the Selection of Punishment (the receipt of phiphones, the fact of medication, and the selection of punishment by imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Reasons for sentencing in the proviso to Article 67 of the Act on the Control of Narcotics, etc. subject to Additional Collection (the amount equivalent to four-time medications on phiphones);

1. Scope of applicable sentences: January to February 30.

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