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(영문) 인천지방법원 2019.09.20 2019고단5148
마약류관리에관한법률위반(향정)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. On December 2018, the Defendant, located in Bupyeong-gu Incheon Metropolitan City Bupyeong-gu B, and located near C Station, sold a philopon by means of opening cash of KRW 300,000,000 from the person “D” (one philopon; hereinafter “philopon”).

2. On January 2019, the Defendant traded Handphones by taking approximately KRW 0.7 gh from the person “D” from the person “D” in the F, which was purchased and sold Handphones by cutting down cash of KRW 200,000.

3. Around 18:00 on February 11, 2019, the Defendant put about approximately 0.07 gopon into a single-use injection machine at the Defendant’s residence, and dilution with water, and administered phiphones by means of injection with the Defendant’s arms.

4. On February 12, 2019, the Defendant administered approximately 0.07 g of philophones in the same place as Paragraph 3, at around 18:00, in the same manner as Paragraph 3.

5. On February 13, 2019, the Defendant administered approximately 0.07 g of philophones in the same place as Paragraph 3, at around 18:00, in the same manner as Paragraph 3.

6. On February 18, 2019, the Defendant administered approximately 0.07 g of philophones in the same place as Paragraph 3, at least 18:00, in the same manner as Paragraph 3.

7. On February 19, 2019, the Defendant administered approximately 0.07 g of philophones in the same place as Paragraph 3, at around 18:00, in the same manner as Paragraph 3.

8. On February 20, 2019, the Defendant administered approximately 0.07 g of philophones in the same place as Paragraph 3, at around 18:00, in the same manner as Paragraph 3.

Summary of Evidence

1. Defendant's legal statement;

1. Records of seizure and the list of seizure;

1. Photographs of seized articles;

1. Each request for appraisal;

1. Application of Acts and subordinate statutes to investigation reports (calculated additional charges);

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., concerning facts constituting an offense, and the choice of imprisonment, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. Probation;

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