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(영문) 인천지방법원 2017.12.14 2017고단8087

마약류관리에관한법률위반(향정)등

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A defendant shall be punished by imprisonment for two years.

10,000 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

[criminal history] On February 3, 2016, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act (compact) at the Seoul Southern District Court on February 3, 2016, and completed the execution of the said sentence at the original prison on May 27, 2017.

[Criminal facts]

1. On October 19, 2017, the Defendant administered Meptopon (one philopon; hereinafter referred to as “philopon”) clopon (one philopon”; hereinafter referred to as “philopon”) copon around 04:0 to 05:00, in a single-use DNA in Nam-gu Incheon Metropolitan City, 408, in which the philopon was put into a single-use copon, melted with water, and then injected into the Defendant’s arms.

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

2. Possession of penphones or marijuana;

A. At around 14:50 on October 19, 2017, the Defendant: (a) kept approximately 0.79g of oponphones contained in transparent vinyl E in the middle-gu Incheon, and approximately 0.08g of oponphones contained in a disposable injection machine, and approximately 0.14g of mariopons contained in a color fluium in the color fluor; and (b) kept approximately 0.56g of hemps contained in a transparent vinyl fluor in the Defendant’s fluor, respectively, in the Defendant’s fluor bank, and kept approximately 0.56g of maris contained in the white part of the Defendant’s flag.

B. At around 20:07 on the same day, the Defendant kept approximately 0.08gg of marijuana, which is contained in the Defendant’s wall, at the detention room of the H police station located in Nam-gu Incheon Metropolitan City, in a flag coloring paper, at the Defendant’s top-down.

Accordingly, even if the Defendant is not a narcotics handler, he possessed approximately 0.87gg of philophones, a local mental medicine, and approximately 0.78g of marijuana.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocols of seizure, list of seized articles, photographs of seized articles and evidential materials;

1. A written appraisal of each drug;

1. A report on investigation (calculated additional collection charges);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous convictions and the confirmation of the period of repeated crimes);

1. Article 60(1)2, Article 4(1)1, and Article 2 of the Act on the Management of Narcotics, Etc., for which relevant criminal facts and the choice of punishment are applicable.