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(영문) 인천지방법원 2017.11.03 2017고단6692

마약류관리에관한법률위반(향정)

Text

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

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

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant purchased, sold, and administered the Megatocule (the clopphone; hereinafter referred to as the “philophone”) which is a local mental medicine as follows.

1. On December 2, 2016, the Defendant purchased approximately KRW 5g 2.6 million from E in the vicinity of the D Hospital located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon, from E to KRW 2.6 million.

2. On April 201, 2017, the Defendant: (a) administered a fluorous passenger car parked on the alleyway near the foregoing D Hospital by inserting approximately 0.05g of philopon into the glass pipe; (b) raising the glass pipe into the glass pipe; and (c) closing a smoke emitted from the ice connected to the glass pipe.

3. On May 13, 2017, at around 20:00, the Defendant administered approximately 0.05g g of philopon in the f apartment parking lot following the above D Hospital in the same manner.

4. At around 20:00 on May 19, 2017, the Defendant administered approximately 0.05g of philopon within the clopon vehicle parked on the alleyway near the foregoing D Hospital in the same manner.

5. On August 8, 2017, at around 22:00, the Defendant administered 0.05g of philopon within the clopon vehicle parked on the alleyway near the above D Hospital by the same method.

6. On September 3, 2017, at around 23:00, the Defendant administered approximately 0.05g philophones in the same manner at the Defendant’s residence of Bupyeong-gu, Incheon, Bupyeong-gu G building 303.

Summary of Evidence

1. Statement by the defendant in court;

1. The protocol concerning interrogation of suspects of E by each prosecutor's office;

1. Statement by each prosecutor's office with respect to E and H;

1. A report on investigation (attaching photographs of seized articles);

1. Application of Acts and subordinate statutes of each letter of narcotic appraisal;

1. Relevant Article of the Act on the Management of Narcotics, etc. for the Fact-finding and the Selection of Punishment; Articles 60(1)2, 4(1)1, and 2 subparag. 3(b) of the Act on the Management of Narcotics, etc. for the Selection of Punishment; and the Selection of Imprisonment with labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protective observation and community service order under Article 62-2 of the Criminal Act;

1. The main sentence of Article 67 of the Act on the Management of Confiscated Narcotics;

1. Management of narcotics, etc. additionally collected;