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(영문) 인천지방법원 2017.06.09 2017고단1641

마약류관리에관한법률위반(향정)등

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Seized evidence 1 to 3 shall be confiscated.

Defendant 2,631.

Reasons

Punishment of the crime

(2) On January 30, 2015, the Defendant was sentenced to imprisonment for a violation of the Narcotics Control Act at the Incheon District Court on January 30, 2015 and completed the execution of the said sentence on June 21, 2016.

[2017 Highest 1641]

1. Notwithstanding the fact that the Defendant is not a narcotics handler, the Defendant provided, arranged, traded, and administered the Metepopty (hereinafter “copon”), which is a local mental medicine, as follows.

A. On August 8, 2016, around 13:30 on August 8, 2016, the Defendant delivered approximately 0.03g of philopon to E in front of “D” located in Nam-gu Incheon Metropolitan City, Nam-gu.

B. On February 8, 2017, the Defendant granted approximately 0.74g of philopon to E from Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, for a new wall hour.

(c)

On February 23, 2017, at around 03:00, the Defendant received a request from H to request for chophones from G at the entrance of G apartment at around 03:00.

I collected approximately 1g of philophones contained in the one-time fraud from H to H, and in return received KRW 500,000 from H and delivered to I.

Accordingly, the defendant assisted the trade of philophones between H and I.

(d)

On March 1, 2017, the Defendant purchased approximately KRW 0.48g of 150,000 from his name in front of the Kcomter in the Nam-gu, Incheon Metropolitan CityJ on March 1, 2017.

E. On March 1, 2017, at around 23:00, the Defendant: (a) inserted approximately 0.12g of the philophones purchased at the Defendant’s residence, as above, into a single-time drinking fraud; and (b) injected with water to himself/herself by dilution; and (c) administered the philophones at intervals of about 30 minutes from around the above day to the new wall hour following the following day.

2. Around December 2016, the Defendant, in violation of the Narcotics Control Act (marijuana), issued to E, without compensation, approximately 0.5g of marijuana on the front side of the “D” located in the Southern-gu Incheon Metropolitan City, Seoul.

[2017 Highest 2915] The Defendant is not a narcotics handler.