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(영문) 인천지방법원 2016.09.30 2016고단5268

마약류관리에관한법률위반(향정)

Text

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

2,100,000 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

On July 24, 2014, the Defendant was sentenced to two years of imprisonment for the crime of rape in Seoul Eastern District Court, and completed the execution of the sentence on July 22, 2015.

1. Sale of Mactopphones (one philophones; hereinafter referred to as “philophones”);

A. The Defendant, around March 24, 2016, parked in front of the subway stations located in Dongdaemun-gu Seoul, Dongdaemun-gu Seoul, receiving KRW 1 million in cash from F, and 5g of phiphonephones to F. < Amended by Act No. 10090, Mar. 24, 2016>

B. On March 27, 2016, the Defendant received KRW 100,000 from F to an enterprise bank account (Account Number G) in the name of the Defendant, and 13:00 on the same day, sent approximately 5 g of philopon to F in the vicinity of the I apartment house, which is a F’s residence in Mapocheon-si H, around 13:00 on the same day.

Accordingly, even if the Defendant is not a narcotics handler, he purchased and sold approximately 10 grams of philophones, a local mental medicine, twice.

2. On August 5, 2016, the Defendant: (a) put about approximately 0.07 gramphones from subway K air toilets located in Dongdaemun-gu Seoul Metropolitan Government J in a single-time injection instrument; and (b) injected into his left arms after being melting about 0.07 gramphones from air toilets located in the Dongdaemun-gu Seoul Metropolitan Government J.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. Copy of the fourth examination protocol for suspect of the prosecution with respect to L;

1. A statement on narcotics appraisal;

1. Previous convictions in judgment: Inquiry about criminal history, current status of personal confinement, and application of the text of judgment;

1. Article 60 (1) 2, Article 4 (1) 1, and subparagraph 3 (b) of Article 2 of the Act on the Management of Narcotics, Etc. for the Fact-finding and the Selection of Punishment, Etc. (the trading of phiphonephones, the fact of medication, and the selection of punishment by imprisonment);

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. The proviso to Article 67 of the Narcotics Control Act;

1. Basic crimes for sentencing of Article 334(1) of the Criminal Procedure Act and concurrent crimes with regard to the provisional payment order.