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(영문) 인천지방법원 2020.10.16 2019고단4682

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for three years.

600,000 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 19, 2015, the Defendant was sentenced to a suspended sentence of two years on November 7, 2017 by the Incheon District Court on the grounds of a violation of the Act on the Control of Narcotics, Etc., and the sentence of the suspended sentence was revoked on November 7, 2017. On December 15, 2017, the Daejeon District Court rendered a sentence of one year for a violation of the Act on the Control of Narcotics, etc., and completed the execution of the said sentence on December 27, 2018.

【Criminal Facts】 The Defendant is not a narcotics handler】

1. On January 31, 2019, at around 18:25, the Defendant: (a) opened cash of KRW 500,000 from D with the purchase price of psychotropic drugs Metepiles (i.e., a one-time “philopon”; hereinafter “philopon”); and (b) traded a philopon by delivering approximately 1g of philopon, which is contained in a single-use Melopter in the BMW car of the Defendant parked nearby, to the said D.

2. In February 2019, the Defendant received opphones from G in a way of receiving approximately 0.1g of opphonephones in front of the F pharmacy located in Gangnam-gu Seoul, Seoul, from G free of charge at the street of the F pharmacy located in Gangnam-gu, Seoul.

3. On February 22, 2019, the Defendant administered philophones in a way that philophones 0.1g, which was contained in the first coffee toilet located in Nam-gu Incheon Metropolitan City H, by dilutioning the philophones into the Defendant’s left arms.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. A list of seizure and a protocol of seizure;

1. A maternity appraisal report and a written appraisal of the prosecution;

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

1. Previous records: Criminal records, investigation reports (courts of repeated crimes against suspects and current status of confinement of individuals), and application of each statute of the judgment;

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 Punishment for Crimes (the trade of philophones, giving and receiving them, and administering them), and selection of imprisonment with prison labor, respectively;

1. The Criminal Act among repeated crimes;