beta
(영문) 인천지방법원 2018.08.16 2018고단4853

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

Seized evidence 1, 2, and 8 (excluding the portion of each appraisal and consumption) shall be confiscated.

Reasons

Punishment of the crime

[Criminal history] On October 20, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Incheon District Court on October 20, 2016 and completed the execution of the said sentence on August 23, 2017.

[2] Notwithstanding the fact that the Defendant is not a narcotics handler, the Defendant dealt with the Metepopty (one philopon; hereinafter “philopon”) which is a local mental medicine as follows.

1. On May 2018, the Defendant: (a) decided to purchase a philopon from a person without his/her name, using “C”, a mobile-recording fluoring type c; and (b) purchased a philopon by means of inserting KRW 500,000,000,000, in the south-gu Incheon Metropolitan City’s seat-to-door type dtel unmanned box; and (c) temporarily cutting off the philop, which was put in the blopon box by the person without his/her name into the blopon;

2. At around 22:00 on the same day as the date stated in paragraph 1, the Defendant administered philophones in a way of clocking approximately 0.05g of the philophones purchased at the above 1012 heading room A, which is one’s own residence.

3. On June 19, 2018, at around 20:00, the Defendant administered philophones by hanging approximately 0.05g of philophones purchased as above at the heading room E 1015, which is one’s own residence in Nam-gu Incheon Metropolitan City E.

4. On June 20, 2018, the Defendant: (a) around 22:20 on June 20, 2018, the Defendant carried phiphones by inserting two philophones containing approximately 0.13g of philophones around the Nam-gu Incheon Metropolitan City F; and (b) using doublephones containing approximately 0.78g of philophones in hand bags.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of seizure;

1. Each investigation report (emergency seizure details and photographs, etc. of seized articles, and related to cancer transaction prices of narcotics, etc. and collection thereof);

1. A written appraisal of each drug;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and each investigation report (the confirmation of crimes and a copy of the judgment during the period of repeated crime);

1. Article 60 (1) 2 and Article 4 (1) 1 of the Act on the Management of Narcotics, Etc., for which relevant criminal facts are applicable and for which punishment is selected, respectively;