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(영문) 인천지방법원 2016.09.29 2016고단2404

마약류관리에관한법률위반(향정)등

Text

Defendant

A Imprisonment with prison labor for ten months and for one year and eight months, respectively.

The Incheon District Public Prosecutor's Office, which was seized, 2016.

Reasons

Punishment of the crime

[criminal history] On November 18, 2014, Defendant A was sentenced to one year and two months of imprisonment with prison labor for a violation of the Narcotics Control Act at the Jung-gu District Court, and completed the execution of the above sentence on September 14, 2015 while serving in the prison of Jung-gu. Defendant B was sentenced to one year and four months of imprisonment with prison labor for a violation of the Narcotics Control Act at the Suwon Franchis Institute on January 22, 2015, and was sentenced to one year and four months of imprisonment with prison labor for a violation of the Narcotics Control Act at said prison. The execution of the above sentence was terminated on June 30, 2015 while Defendant B served in said prison.

[Criminal facts]

1. Defendant A

A. On October 8, 2015, the Defendant: (a) 1) received and sent a single-use injection device containing approximately 0.7 grams from D in the Defendant’s car moving from Kimpo-si to Kimpo-si F on October 8, 2015; (b) 400,000 won in cash to D in return.

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

2) On October 10, 2015, the Defendant received a disposable injection device from D free of charge from H telephones containing 0.15g 0.15g of philopon at H telephones located in G at Namyang-si, Namyang-si.

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

3) On October 14, 2015, around 23:00, the Defendant received a disposable injection device which contains approximately 0.7 grams of philopopon stored in the JJ located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and paid the amount of philopon to D in a manner that puts KRW 400,000 in cash in storage of the above goods.

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

4) On October 15, 2015, the Defendant: (a) 21:00 on October 15, 2015, the Defendant d’s vehicle parked on the street in the front of the Defendant’s vehicle parked in Gangdong-gu Seoul Metropolitan Government, with approximately KRW 0.7g of philopon, and paid KRW 400,000 in cash to D in return.

This is the defendant.