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(영문) 인천지방법원 2017.09.15 2017고단2653

마약류관리에관한법률위반(향정)

Text

Defendant

A and B shall be punished by imprisonment with prison labor for one year and two months, and by imprisonment with prison labor for ten months.

However, as to Defendant C, the same shall apply.

Reasons

Punishment of the crime

[criminal history] Defendant A was sentenced by the Incheon District Court on October 14, 2015 to imprisonment with labor for a violation of the Narcotics Control Act (competence) and completed the execution of the said sentence on July 3, 2016 at Daejeon Prison on July 3, 2016.

Defendant

B On September 16, 2015, the Incheon District Court sentenced ten months of imprisonment for a violation of the Narcotics Control Act (competence) at the Incheon District Court. On February 11, 2016, the execution of the sentence was completed by the Child Training Institution.

[Criminal facts]

1. On February 5, 2017, Defendants A and B collected KRW 500,00 from G street in the vicinity of the Gu, Si, Si, and Gu, and Defendant B collected KRW 150,000,00,00 from the seller of the name flapis (one gramphone; hereinafter referred to as “philopon”) in the form of a single-use flap, and generated KRW 650,00 for the said seller.

As a result, the Defendants conspired to sell a philophone, which is a local mental medicine, even though they are not the narcotics handler.

2. Defendant A

A. On February 9, 2017, the Defendant added approximately 0.03g of philopon to two for a single-use telephone at the visitors room located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, together with C, around February 9, 2017, and melted them into the Defendant’s arms.

B. The Defendant 2-A. at the time, place, and place indicated in paragraph 2-A, laid down a philophone’s non-fluorial volume contained in vinyl C.

(c)

On March 22, 2017, at around 22:00, the Defendant put approximately 0.03 grams in a single-use injection machine at the Defendant’s residence located in the Namdong-gu Incheon Metropolitan City H building 302, and melted with water, and injected into the Defendant’s arms.

Accordingly, even if the defendant is not a narcotics handler, he provided and administered a penphone, which is a local mental medicine.

3. On April 2, 2017, Defendant B drank approximately 0.175 grams in a coffee at the Defendant’s residence located in Bupyeong-gu Incheon Metropolitan Government I apartment house 203 Dong-dong 207, around April 2, 2017.

Accordingly, the defendant is a narcotics handler.