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(영문) 인천지방법원 부천지원 2016.11.17 2016고단2477

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not more than ten months.

980,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

The defendant is not a person handling narcotics.

1. Purchasing philophones;

A. On December 26, 2015, the Defendant remitted 700,000 won of the price for psychotropic drug psychotropic drug Metepopty (hereinafter “Mepopon”) to C’s personal cooperation account (D), and purchased approximately two grams of Mepopon from C in the vehicle of C stopping in the vicinity of the Incheon Bupyeong-gu E on the same day at around 17:00.

B. On January 7, 2016, the Defendant remitted 180,000 won of philopon to C’s personal cooperation account (D). On the following day, the Defendant purchased 0.5g of philopon from C in the mutual unfolded telephone near Incheon F Station at around 02:00.

2. At around September 22, 2016, the Defendant administered a philoon medication by putting about 0.1g of philoon, which is contained in the disposable injection machine in the vicinity of the Shinpo-dong, Jung-gu, Incheon, Jung-gu, Incheon, into a raw water, and administering it in the Defendant’s luxor.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of prosecutorial statement concerning C;

1. Seizure records;

1. Requests for appraisal;

1. Application of Acts and subordinate statutes to each investigation report (C's account transaction details, C's mobile phone calls and reverse phone calls analysis report);

1. Article 60 (1) 2, Article 4 (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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The proviso to Article 67 of the Act on the Control of Narcotics, etc. [the purchase amount of paragraph (1) shall be KRW 880,000 won and KRW 100,000]

1. For the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment, Type 2 (Recommendation) of the Act on the Second Crimes (Recommendation) without the basic area (10-2 years), such as medication, simple possession, etc. (10-10 years) (2) of the Act on the Aggravated Punishment) (2) of the Act on the Aggravated Punishment (2) (2) of the Act on the Aggravated Punishment (2) of the Aggravated Punishment (2) of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment of the Aggravated Punishment (8-1