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(영문) 인천지방법원 2016.09.30 2016고단1739

마약류관리에관한법률위반(향정)

Text

Defendants shall be punished by imprisonment for one year and two months.

Defendant

A 200,000 won from Defendant B, and 100,000 won from Defendant B.

Reasons

Punishment of the crime

Defendant

B On November 20, 2014, the Seoul Central District Court sentenced a person to a violation of the Narcotics Control Act (compact) at the Seoul Central District Court on one year and six months, and completed the execution of the sentence on September 22, 2015.

1. Defendant A

A. On November 2015, 2015, the Defendant: (a) sent and received Mempophophones (one philopon; hereinafter “philopon”); (b) on November 2015, the Defendant sent F’s house located in Dong-gu Incheon, Incheon; and (c) 0.05g of philopon, which is contained in a single philopon to F, free of charge.

Accordingly, the defendant received philophones even though he is not a narcotics handler.

B. On April 4, 2016, the Defendant, who administered a phiphoneon around April 4, 2016, drank around 08:30 on April 4, 2016, about 08:0 G apartment B of the Nam-gu Incheon Metropolitan City, Incheon, with approximately 0.05 gramphones on a coffee.

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

2. Defendant B

A. On April 4, 2016, the Defendant administered approximately 0.05 g of phiphonephones in the Nam-gu Incheon Metropolitan City apartment G G around 08:30 on April 4, 2016.

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

B. On April 4, 2016, the Defendant: (a) around 12:20 on April 4, 2016, the Defendant: (b) concealed and stored philophone microphones in vinyl G apartment B, Nam-gu, Incheon Metropolitan City, by inserting them in plastic bags B, 302.

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

Summary of Evidence

1. Each legal statement of the witness H and I;

1. Each legal statement of the witness B (defendant A's criminal facts) and A (defendant B's criminal facts)

1. A copy of the protocol concerning the examination of suspect concerning F by each prosecution;

1. The record of seizure, each simple summary of a trial, each report on preliminary appraisal of narcotics, etc., and the investigation report (the confirmation of the result of the investigation by the suspect A and B) (the defendant B and his defense counsel) [the above evidence acquired by the defendant B as he responded to the climatic examination by the investigative agency's oil and intimidation.