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(영문) 인천지방법원 2016.06.02 2016고단2441

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On November 1, 2015, the Defendant: (a) opened approximately 0.35 grams from D around the Yeonsu-gu Incheon Metropolitan City Hospital; (b) paid KRW 2.50,000 in cash in return; (c) put about approximately 0.07 g of the phiphones purchased at the Defendant’s dwelling located in Yeonsu-gu E and 101, which was purchased at the Defendant’s dwelling in Yeonsu-gu Incheon Metropolitan City E and 101, and melted them into the Defendant’s arms.

Accordingly, even if the Defendant is not a narcotics handler, he purchased and administered philophones.

2. On November 21, 2015, the Defendant received 300,000 won in cash from F with a request to request writingphones from F, and purchased approximately 0.35 gramphones in cash from H at the building in Nam-gu Incheon Metropolitan City or from H’s residence in H, located in No. 102, and 2.50,000 won in cash.

Accordingly, even if the Defendant is not a narcotics handler, the Defendant mediated the trade of philophones, which are a local mental medicine.

3. On November 25, 2015, the Defendant received KRW 600,000 in cash from F before Yeonsu-gu Incheon Metropolitan City I apartment complex upon the request of F to seek phiphones, and purchased approximately KRW 0.7g of philophones contained in D in a single-use philophones, in cash, from KRW 50,000,000, and sent them to F.

Accordingly, even if the Defendant is not a narcotics handler, the Defendant mediated the trade of philophones, which are a local mental medicine.

4. The Defendant received, around November 26, 2015, approximately 0.56 g of philopon from K in Incheon Gyeyang-gu, J, for a single-use dacton from D before K, which was 0.56 g of a single-use dacton, and then sent it to F.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Copy of each protocol concerning the examination of suspect by the prosecution against D, L, F, and H;

1. A statement on narcotics appraisal;

1. Application of an investigation report (calculated with a surcharge) Acts and subordinate statutes;

1. Relevant Article of the Act and the selective management of narcotics, etc. concerning criminal facts;