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(영문) 인천지방법원 2018.11.22 2018고단6668

마약류관리에관한법률위반(향정)

Text

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment with prison labor of eight months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

[Criminal Records] Defendant A was sentenced to one year of imprisonment with labor for a violation of the Narcotics Control Act at the Suwon method Board on May 11, 2016, and completed the execution of the said sentence on December 17, 2016.

[Criminal facts]

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

A. On August 2018, the Defendant received Handphones, after the D secondary school located in Bupyeong-gu Incheon Metropolitan City, in the public parking lot of Bupyeong-gu, Incheon, the Defendant was aware of it.

E received philoopon 0.03g of philoopon, which is a local mental medicine, from E, and received philoopon.

B. On September 4, 2018, the Defendant administered a philophone in the manner of inserting the Defendant’s vehicle in front of “G” located in the Namdong-gu Incheon Metropolitan City F, which was parked in the front of the “G,” and inserting approximately 0.03g of the philophone, which was given free of charge, into a single-use injection machine and dilution it with water, and then injection the philophone into the arms.

2. Although Defendant B is not a narcotics handler, the Defendant dealt with philophones as follows.

A. At the time and place described in paragraph (1) A, the Defendant received approximately 0.03 g of philophones from E without compensation and received the philophones.

B. On September 7, 2018, the Defendant administered philophones by inserting approximately 0.015g of philophones delivered free of charge in a toilet near the J church located in Seo-gu Incheon, Seo-gu, Incheon, and dilution them into a single-use injection machine and dilution them with water.

2) On September 10, 2018, the Defendant administered philophones by inserting approximately 0.015g of philophones remaining after medication into a single-use injection machine and dilution them with water, around the new wall.

Summary of Evidence

1. Defendants’ respective legal statements

1. A list of seizure records (voluntary submission), and a list of seizure;

1.Each.