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(영문) 인천지방법원 2015.03.26 2014고단8835
마약류관리에관한법률위반(향정)
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence 1 to 8 shall be confiscated.

From the defendant, 200.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. Medication of phiphones;

A. At around 01:00 on November 26, 2014, the Defendant: (a) opened approximately 0.1g of psychotropic drugs-related campers (i.e., one penphone; hereinafter referred to as “copon”); (b) administered copon with E and F in a way of promptly inhaleing smoke generated by the burning of copon, using the bottom of the copon, at a smoking machine made by sticking two fasts of drinking water on plastic bags; and (c) administered copon as soon as possible.

B. At around 22:00 on December 2, 2014, the Defendant administered approximately 0.1g of opphonephones in the same manner as the foregoing “A” under subparagraph 102 of Article 102, located near the forest stations located in the Yeongdeungpo-gu Seoul Metropolitan Government Daedong.

2. At around 01:00 on Nov. 26, 2014, the Defendant issued philophones with approximately 0.34g of philophones contained in vinyl 307, which were delivered to E without compensation, who is a shipbuilding leg.

3. On December 3, 2014, the Defendant possessed a philophone by inserting approximately 101.31g of philophones contained in a vinyl paper in order to sell philophones to the above E, around 18:45, Dec. 3, 2014, in a way that the Defendant carried philophones into the Defendant’s main machine.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of each protocol of examination of suspect to prosecution E;

1. A criminal investigation report (in relation to collection), investigation report (in cases of an excursion ship as a result of appraisal, such as urinals and evidence);

1. Records of seizure, list of seizure, records of seizure and copies of report on request for appraisal of narcotics, one copy of notification of the results of appraisal of narcotics, two copies of notification of the results of appraisal of narcotics, and the application of the Acts and subordinate statutes to notification of

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc., concerning facts constituting an offense, and the choice of imprisonment with prison labor;

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

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. The Act on the Management of Narcotics, etc. for Additional Collection;

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