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(영문) 인천지방법원 2018.08.17 2018고단1448

마약류관리에관한법률위반(향정)등

Text

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

303,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

On March 19, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Seoul Central District Court on one year and six months, and completed the execution of the sentence on March 14, 2016.

1. On December 2017, 2017, the Defendant: (a) recruited to purchase a telephone with a sexual French B (D) at a restaurant near the bus terminal located in Gangseo-gu Seoul Metropolitan City, Gangseo-gu, at around the first night of December 2017, at around the end of the night, around 588; (b) the Defendant planned to purchase a telephone with a sexual French B (D) around 200,000 won; and (c) the Defendant prepared a total of 40,000,000 won around the same day and prepared to prepare a KRW 40,000,000,000 to a total of 2 million, in front of the gas charging station located in the Gangseo-gu, Seoul Metropolitan City, the Defendant divided 0.6 gram from E to the instant 400,000 won in return for the purchase of the non-commercial phone from E in front of the gas charging station.

Accordingly, the Defendant, in collusion with sex B, sold a penphone, which is a local mental medicine, even though he is not a handler of narcotics.

2. On February 2, 2018, the Defendant received 0.5 grams of marijuana from H on and before the first night of February 2018, at the Defendant’s residence located in the F Building G G of Bupyeong-gu Incheon Metropolitan City, the Defendant received approximately 0.5 grams of marijuana, which were contained in the plastic paper from H on and before the beginning of February 2018.

Accordingly, the defendant accepted marijuana even though he is not a narcotics handler.

3. On February 18, 2018, the Defendant: (a) purchased philophones; and (b) injected the Defendant: (c) 200,000 won in cash to E on the street in the response-distance one-way route in the Eunpyeong-gu Seoul Metropolitan Government, around the new wall around February 18, 2018; and (d) 0.37g of philophones purchased from E in the dwelling space around the same day; (b) 0.03g of philophones purchased from the dwelling space of the above Defendant around the new wall, put about approximately 0.03g of philophones into a single-time injection machine; and (c) injected them into the Defendant’s arms.

Accordingly, the defendant is not a narcotics handler.