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(영문) 인천지방법원 2019.08.09 2018고단8865

마약류관리에관한법률위반(향정)등

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

[2018 Highest865] Nos. 13 through 16 of the case.

Reasons

Punishment of the crime

On October 28, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, etc. at the Incheon District Court on October 28, 2015 and completed the execution of the sentence on October 3, 2016.

Criminal facts

[2018 Highest 8865] Notwithstanding that the Defendant is not a person handling narcotics, the Defendant treated narcotics as follows:

1. On March 28, 2018, the Defendant: (a) received KRW 1.3 million from D in the vicinity of Yeonsu-gu Incheon, Yeonsu-gu, Incheon; and (b) sold psychotropic drugs, Metrophophones (i.e., one philopon; hereinafter “philopon”); (c) approximately 5g of psychotropic drugs (i.e., one philopon; hereinafter “philopon”).

2. On November 2018, 2018, the Defendant put about approximately 0.07 gilphones from a male toilet at the F construction site management site, Kimpo-si, Kimpo-si, in a single-use injection machine, dilution with water, and administered phiphones in a way of injecting them into the arms bloodline.

3. On November 30, 2018, the Defendant possessed marijuana for the purpose of smoking by inserting paper bags containing approximately 4.8ggs of marijuana, plastic paper bags, etc. within HK5 automobiles parked near G in Kimpo-si, Kimpo-si, Kimpo-si, on November 30, 2018.

[2018 Highest 9183] Notwithstanding that the Defendant is not a person handling narcotics, the Defendant, around 18:00 on September 13, 2018, issued psychotropic drugs to J, with a single-use injection device containing approximately 0.07g of psychotropic drugs (i.e., a single-use clopon; hereinafter “philopon”), and received philopon.

[2019 Highest 816] Notwithstanding that the Defendant is not a person handling narcotics, the Defendant treated narcotics as follows:

1. Around September 14, 2018, the Defendant possessed a philophone by inserting approximately 4.39g of a psychotropic drug, a psychotropic drug, in front of the building in the Michuhol-gu Incheon Metropolitan City, by dividing it into plastic bags and a single-use injection machine, and inserting it into a brophone, around September 14, 2018.

2. The Defendant is in harmony between November 7, 2018 and 23:00.