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(영문) 인천지방법원 부천지원 2015.07.29 2015고단1197

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

4.2 gram (No. 1) of low philopon and single-use philopon in seized paper.

Reasons

Punishment of the crime

[Criminal Power] On October 30, 2014, the Defendant was sentenced to 6 imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Daejeon District Court on the grounds of the violation of the Act on the Control of Narcotics, Etc., and completed the execution of the sentence in the Daejeon Correctional District Court on February 22, 2015.

【Criminal Facts】

Defendant is not a narcotics handler.

1. On May 18, 2015, the Defendant remitted KRW 900,000 to C’s account of community credit cooperatives (i.e., a one-name “copon”; hereinafter “copon”), and purchased approximately 4.54g of the bank envelope and the one-time copon in the street near the luminous station located in the Busan Suwon-dong, around the same day.

2. The Defendant, around May 18, 2015, administered approximately 0.07gg of chophonephones purchased as referred to in paragraph (1) in a single-use injection machine, dilution them into the right arms, and injection them into the right arms after dilution.

3. On May 18, 2015, at around 20:00, the Defendant attempted to sell approximately 1.4g of the philopon, purchased from the street in front of the Yncheon-si Station, Macheon-si, B, in order to sell approximately 1.4g of the philopon to pro-Japanese E, a price of KRW 1.0 million, but was discovered by the police officers who had been divingd in advance, and failed to perform such act.

Summary of Evidence

1. Defendant's legal statement;

1. Entry into the protocol of seizure;

1. Each description of a response to the request for appraisal (2015-H-7236) - Handphone training, and each description of a narcotic appraisal report;

1. Previous records of judgment: Application of each Act or subordinate statute of the results of the search by prisoners, criminal records, references to criminal records, reports on the results of the investigation conducted before and after the disposition of prisoners, and applications of investigation reports (where recent criminal records are attached to suspects);

1. Article 60 (1) 2, Article 4 (1), and subparagraph 3 (b) (the point of purchase and medication of phiphones) of Article 2 of the Act on the Control of Narcotics, Etc., and Articles 60 (3) and 60 (1) of the Act on the Control of Narcotics, Etc., which are applicable to the crime;