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(영문) 인천지방법원 2018.07.06 2018고단3948

마약류관리에관한법률위반(향정)

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Despite the fact that the Defendant is not a narcotics handler, the Defendant treated narcotics as follows:

1. On March 14, 2016, the Defendant transferred 50,000 won to E’s bank account (F) at the parking lot of the D Hospital located in Guro-gu Seoul Metropolitan Government, and purchased mephones from E, delivery of approximately 0.1g of Mebatop, a local mental medicine, from E, and then purchased mephones purchased at the dormitory of the said D Hospital, by inserting them into a single-use mephone and dilution them with water, and then administering mephones in a way of injecting them into the bloodline.

2. On June 17, 2016, the Defendant remitted the purchase price of 1.50,000 won to the account of a national bank of the above E at around 20:00 on the same day, the Defendant received delivery of 0.3g of philopon from E from the room of the dormitory room of the above D Hospital at around 20:00, and purchased approximately 0.1g of philopon purchased at the same place, put about 0.1g of philopon into a single-use copon, dilution with water, and administered philopon in a way of injection into the part of the arms.

3. The Defendant, around June 17, 2016, purchased from the dormitory room of the above D Hospital on June 17, 2016, the quality of the penphone purchased from E is not good.

In other words, I received 0.1g of philophones from E without compensation and received philophones.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Details of deposits and withdrawals from E accounts;

1. A statement on narcotics appraisal;

1. Application of Acts and subordinate statutes concerning investigation reports (additional collection);

1. Relevant Article of the Act on the Management of Narcotics, etc. and Selection of Punishment for Crimes and Articles 60 (1) 2 and 4 (1) 1 and 2 subparagraph 3 (b) of the Act on the Management of Narcotics, etc. and Selection of Imprisonment for Punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;

1. The proviso to Article 67 of the Narcotics Control Act;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act;

1. The scope of punishment recommended according to the sentencing criteria; and