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(영문) 인천지방법원 2019.07.26 2019고단1457
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

680,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge.

Reasons

Punishment of the crime

[Criminal Power] On November 24, 2016, the Defendant was sentenced to 10 months of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Incheon District Court on November 24, 2016 and completed the execution of the sentence on July 12, 2017.

【Criminal Facts】

The defendant is not a person handling narcotics.

1. On October 1, 2018, the Defendant received approximately 0.5 grams of Metropops (one philoopon; hereinafter referred to as “philoopon”) from D, which are psychotropic drugs located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and from D in front of C, without compensation.

2. The Defendant: (a) around October 13, 2018, around the summer-gu, Incheon; (b) 1g of philopon, which was entered into a one-time injection machine in front of the Nam-gu, Incheon; and (c) purchased cash of KRW 300,000,000,000 from the flopon.

3. On March 1, 2019, the Defendant received approximately 0.05 gramopon, which was parked on G’s street near Busan F, Seocheon-si, and entered G in a single-use-use car, free of charge, from G in a single-use-use car.

4. On March 1, 2019, the Defendant administered philophonephones by inserting approximately 0.05 grams at the Defendant’s house located in the Bupyeong-gu Incheon M apartment, and the Defendant’s house located in I, to the coffee.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Copy of the protocol of suspect examination of D by the police;

1. Written response to a request for appraisal (2019-H-3958), replys to a request for appraisal (2019-H-3958), and replys to

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

1. Previous convictions of judgment A: Application of Acts and subordinate statutes concerning the current status of acceptance by individuals of judgment A (No. 2016 high-end 6315 of the Incheon District Court Act) and A;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 (Article 2) of the Act on the Management of Narcotics, Etc., and Selection of Imprisonment with prison labor for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. Collection;

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