beta
(영문) 인천지방법원 2016.03.24 2015고단8003

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 26, 2014, the Defendant: (a) obtained approximately 0.03 grams from E, a Mebatopian (one philopon; hereinafter hereinafter philopon) which is a local mental medicine, from the Mebatopian (one philopon; hereinafter hereinafter ) on May 5, 2014, and injected it into the Defendant’s arms by dilution with water in a single-use injection machine.

Accordingly, even if the Defendant is not a narcotics handler, he received and administered philophones, which are a local mental medicine.

2. The Defendant committed the crime of September 7, 2014, around September 2014, 500,000 won from H in front of the “G golf course” located in Seo-gu Incheon, Seo-gu, Incheon. In return, the Defendant sent H approximately 0.35g gramphonephones to H.

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

3. On January 2015, the Defendant: (a) 20:00,000 on the first day of January 2015, 2015, around 20:00, the Defendant laid down KRW 500,000 from H in front of the Seo-gu Incheon Metropolitan Government I apartment house; and (b) in return, the Defendant laid down approximately 0.35 g of clophones to H.

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

4. On December 4, 2015, the Defendant committed a crime on December 4, 2015: around 22:00, the Defendant injected approximately 0.06g opon into the Defendant’s arms by inserting it into a single-use injection machine in the south-gu Incheon Metropolitan City J toilets, and dilution it with water.

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

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. A copy of each police examination protocol regarding H (the 8th page, No. 24 of the investigation records);

1. Copy of the protocol concerning the examination of suspect to the K; and

1. Statement statement made to K by the police;

1. Each protocol of seizure and each list of seizure;

1. A written appraisal of each drug;

1. Application of Acts and subordinate statutes on investigation reports (related to the price of cancer transactions and collection of narcotics);

1. Matters concerning the relevant Article of the Act and the management of narcotics, etc. selected for criminal facts;